Absolute Divorce in Montgomery County Maryland
Many prospective clients are interested in learning more about the specific processes involved of filing for absolute divorce in Maryland. Here, find an overview of the steps and what the overall process is like for Montgomery County, MD residents.
In a Montgomery County Maryland divorce proceeding, the Plaintiff first files a Complaint for Absolute Divorce. If the Plaintiff is seeking alimony, division of marital property, or other relief, then all such relief should be specifically plead in the Complaint. Additionally, if the Plaintiff is seeking custody of a minor child, then the Complaint should specifically request custody as well.
Once the Complaint is filed with the court and the court filing fee ($165.00 currently in Montgomery County) is paid, the Court will issue a summons. The Complaint, along with the summons and the Court’s case information sheet must be served on the Defendant. If the Defendant is a resident of the State of Maryland, then the Defendant will have thirty days to respond to the Complaint. If the Defendant is an out of state resident, then he or she will have sixty days to file a responsive pleading. If the Defendant does not timely respond to the Complaint, then the Plaintiff can file a Request for Order of Default.
Assuming the Defendant responds to the Complaint, the Court will generally set a scheduling conference to set dates and issues for the case moving forward. In Montgomery County Maryland, if physical custody of a minor child is in dispute, the Court will schedule one trial for custody and a separate subsequent trial for remaining property and financial issues. The scheduling conference also presents an opportunity for either Party to request a Pendente Lite hearing.
At the scheduling conference, the Magistrate will set deadlines for discovery, expert designations and other important deadlines. It is imperative that parties abide by the Court’s scheduling order and comply with all of the Court’s deadlines.
Navigating the process for absolute divorce in Montgomery County, MD can be difficult and complex. You should consult an experienced Montgomery County, Maryland divorce attorney.
The Law Offices of Brandon Bernstein, LLC, is headquartered in Bethesda, and is conveniently accessible to residents across the county, including Rockville, Chevy Chase, Silver Spring, Potomac, Kensington, Gaithersburg and elsewhere.
Call the office at 240.395.1418 to schedule a free initial consultation and begin discussing the best way forward with your case.