Blogs from October, 2024

If your spouse is missing or refuses to participate in a divorce action that you have commenced, you may be wondering whether it is possible to legally end your marriage. Importantly, the courts have a remedy for such scenarios. Under Maryland law, an order of default may be issued if a spouse is properly served with a summons and complaint but fails to respond. In these cases, a judge would grant the divorce and may grant the relief requested if the respondent spouse ignored the divorce papers or could not be found.

What is an Order of Default?

An order of default allows a spouse to obtain a divorce (or other relief) if they have complied with the service of process requirements and the respondent spouse does not file an answer. In Maryland, a spouse typically has 30 days to respond to divorce papers if they were served within the state, 60 days if they were served in another state, and 90 days if service of process was effectuated outside the United States.

In a Maryland divorce case, there are several scenarios in which an order of default may be used, including the following:

• Missing spouse — Just because a spouse seeking a divorce cannot locate the whereabouts of the other does not mean they cannot obtain a divorce. If a spouse does not know where the other is to serve them divorce papers, they must show proof that they conducted a diligent search to locate them. The court may allow alternate service by publication in these cases. Once served, if the missing spouse fails to file a responsive pleading, you can file a Request for Order of Default. If the Court enters an order of default, the case can proceed despite the missing spouse.
• Unresponsive spouse — In the event a spouse was personally served with divorce papers (or served by alternate service) but ignores the filing or fails to respond within the applicable amount of time, a judge may allow the case to proceed without the involvement of the non-responding spouse.
• Absent spouse — An order of default may be issued in cases where a spouse fails to appear without good reason and has been properly notified of the proceedings.

If a spouse does not respond to the divorce papers, the petitioning spouse would still need to put on evidence and testimony to receive the relief they asked for in the complaint. There would be a default hearing where the Court would consider your testimony and the evidence presented. Even on a default basis, the Court can make an award of property division, alimony, child custody, child support, and other remedies. However, there are certain situations in which a default would not apply, such as if a spouse were on active duty in the military.

What Happens if the Missing Spouse Appears After an Order of Default Was Issued?

An Order of Default in a Maryland divorce allows you to move forward with the divorce process if your spouse is missing or refuses to respond after being properly served. Once issued, the court can grant the divorce and any requested relief, such as property division or custody, without your spouse’s input.

After an order of default has been granted, it must be served on the missing spouse. If the spouse still fails to appear, the court would schedule a default hearing in the case. At the hearing, the judge would ask the petitioning spouse for information about marital property, child custody matters, and any other issues before the Court. A judgment would then be rendered, which would be binding on both parties — including the spouse who failed to appear.

In some cases, a missing spouse may reappear after an order of default has been issued. If the spouse who failed to appear can show good cause for their unresponsiveness or absence, they may file a motion to vacate. This asks the court to set aside the order so that the missing spouse or the spouse who failed to respond may be able to present their arguments. A motion to vacate must usually be filed within 30 days from the date the default order was issued.

If the spouse who obtained the default judgment disagrees with the missing spouse’s reason for absence, they can file an opposition to request that the default be vacated. However, it should be noted that courts routinely vacate default orders that concern child custody and visitation issues.

What are the Pros and Cons of a Default Divorce?

There can be a few advantages to a default divorce if it is the only option for the petitioning spouse. Significantly, an order of default can simplify the divorce process and save a substantial amount of money that might otherwise be spent on lengthy litigation. In addition, spouses would not be required to file the detailed financial information that is necessary to disclose in litigation.

Nevertheless, there are risks involved for a defaulting spouse. From the division of marital assets, allocation of debts, and child custody matters, divorce can have a major impact. It’s always best for a spouse to respond to divorce papers to ensure their rights and financial interests are protected. A spouse who does not answer effectively gives up their right to have a say in the divorce — and they would be held responsible for complying with the order the judge issued.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you have questions about obtaining an order of default in your divorce case, it’s essential to have an experienced divorce attorney who can help you navigate the process. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys are dedicated to providing you with the guidance you need and will walk with you every step of the way through the divorce process. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we will help you achieve a positive outcome for your specific situation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Divorce can often be challenging, emotionally overwhelming, and stressful. However, it’s important to understand that litigation in the courtroom isn’t the only way to divorce in Maryland. The collaborative divorce process is an alternative dispute resolution method that allows couples to part ways amicably and cost-effectively — while deciding the outcome of their case between themselves. In Part 1 of this two-part blog series discussing collaborative divorce, we will explain what the collaborative process is, how it works, and the benefits it offers.

What is the Collaborative Divorce Process?

The collaborative divorce process is a method that can be used to divorce without involving a judge or engaging in lengthy court proceedings. When couples choose to utilize this process, they can negotiate all the terms of their divorce and tailor a resolution that meets their individualized needs. With the help of their attorneys and the team of collaborative professionals they assemble, a couple can work together to determine property division, alimony, debt allocation, child custody, and child support — and reach a settlement that they both find acceptable.

How Does the Collaborative Divorce Process Work?

There are several steps in the collaborative divorce process and a number of meetings will be held throughout the process. Typically, the parties will meet with each other, their collaborative attorneys, and members of the collaborative team to identify issues in the case and discuss how they can be resolved. Importantly, spouses will be given the tools they need to communicate and understand each other’s viewpoints. The objective of collaborative divorce is to find a win-win solution that works for both parties.

Here is a basic outline of the steps in the collaborative divorce process:

1. Ensure both parties are willing to participate — The collaborative divorce process must start with a conversation between the spouses to ensure they are both willing to participate. If either party does not wish to take part in the process, it will not work.
2. Retain a collaborative attorney for each spouse — Each spouse will need to retain their own attorney for the collaborative divorce process. The parties and their attorneys will sign a collaborative participation agreement. Once the collaborative participation agreement is signed, if the parties cannot reach an agreement in the collaborative process, the attorneys will be required to withdraw from the case, and the spouses must find new counsel for litigation.
3. Assemble the collaborative divorce team — The collaborative divorce process involves a team of professionals that is assembled based on the issues that must be resolved in a case. It can include a financial professional, a divorce coach, a mental health professional, a child specialist, and other neutral professionals who can help the spouses find satisfactory solutions.
4. Exchange information — Both parties must make full disclosure and openly exchange all relevant information with each other, including information about their assets, debts, and income, in order to reach a settlement. Collaborative is designed to be a transparent and confidential out-of-court process.
5. Draft a settlement — After the parties have negotiated a settlement, the terms will need to be compiled into a formal Collaborative Separation and Property Settlement Agreement. This document must be signed by both parties and submitted to the court.
6. The divorce judgment is issued — Once the Collaborative Separation and Property Settlement Agreement has been submitted to the court, it will be reviewed by a judge who will determine whether it is fair. The judge will then sign the document, and it will become a binding order. Both parties are required to abide by the terms of the judgment.

At every stage of collaborative divorce, spouses must be transparent and agree to communicate respectfully. The spouses must also agree not to resort to litigation at any time during the process. Significantly, the collaborative process can allow for more creative and cost-effective outcomes than litigation. It can also reduce conflict and promote communication — which is essential for an effective co-parenting relationship in the future.

What are the Advantages of the Collaborative Divorce Process?

Curious about alternatives to traditional divorce? In Part I of our series, we break down the collaborative divorce process—what it is, how it works, and its benefits. Learn how this method offers a more amicable, cost-effective approach to ending your marriage. Discover if it’s right for you!

There are many advantages to using the collaborative divorce process. In addition to avoiding a contentious battle in the courtroom, collaboration allows spouses to remain in control of the outcome of their case. Rather than let a judge decide the issues, parties can structure their settlement in a way that works best for them and their family.

In addition, the collaborative divorce process can help to minimize the impact of divorce on children. With a focus on problem-solving, the process allows parents to prioritize the needs of their children by addressing potential issues early on and keeping family matters private. When parents work together with trained child specialists and other professionals, they can develop healthy co-parenting strategies that will model conflict resolution for their children.

Collaborative divorce helps to preserve relationships and places an emphasis on what will happen in the future, rather than the events of the past. Unlike traditional litigation, the collaborative divorce process allows couples to find creative solutions that will work for their unique situation. Often, a resolution can be reached faster than by litigating in the courtroom because the focus is on compromise rather than conflict.

Learn More About the Collaborative Divorce Process

The collaborative divorce process can offer many advantages, including efficiency, privacy, and cost-effectiveness. If you would like to learn more about collaborative divorce, an experienced divorce attorney can explain the process and discuss whether it is right for your case. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce lawyers are committed to helping clients find tailored solutions for their specific situations.

Contact Us for a Consultation

Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, at the Law Office of Shelly M. Ingram, we will help you reach an amicable resolution to your divorce matter. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.