Maryland Counter-Complaint for Absolute Divorce

State:
Maryland
Control #:
MD-SKU-0115
Format:
PDF
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Description

Counter-Complaint for Absolute Divorce

The Maryland Counter-Complaint for Absolute Divorce is a legal document used to contest a divorce petition filed in the state of Maryland. It allows a spouse who has been served with a Complaint for Absolute Divorce to respond to the Complaint and enter their own counterclaims. The Counter-Complaint must be filed with the court within 30 days after being served with the Complaint, or the court may grant the Complaint without a hearing or trial. The Counter-Complaint must include the same information as the Complaint for Absolute Divorce, including the names and addresses of both parties, the date of the marriage, the date of separation, the grounds for divorce, and any other relevant information. The Counter-Complaint must also include the counterclaims that the Respondent wishes to make, such as a claim for alimony, child support, or division of property. There are two types of Maryland Counter-Complaint for Absolute Divorce: an Uncontested Counter-Complaint and a Contested Counter-Complaint. An Uncontested Counter-Complaint is one in which both parties agree to the terms of the divorce, including the grounds for divorce and the division of marital property. A Contested Counter-Complaint is one in which the Respondent is contesting the Complaint and/or the terms of the divorce, such as the grounds for divorce or the division of property. If the Counter-Complaint is contested, the parties will need to attend a hearing or trial to resolve the dispute.

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FAQ

Rule 2-321. A party shall file an answer to an original complaint, counterclaim, cross-claim, or third- party claim within 30 days after being served, except as provided by sections (b) and (c) of this Rule. (b) Exceptions.

If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. Whether or not your spouse responds, you will have to appear before the court (in almost all cases the hearing will be before a master) in a hearing scheduled by the clerk.

If you live in Maryland, you have 30 days to respond. You have 60 days if you live in another state. If you were served outside the U.S., you have 90 days.

How to Respond to a Case File a Notice of Intention to Defend: You must file this within 15 days of receiving the summons. The Notice is on the bottom half of the summons.File a Counterclaim, Cross-claim, or a Third-Party Complaint.

If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. Whether or not your spouse responds, you will have to appear before the court (in almost all cases the hearing will be before a master) in a hearing scheduled by the clerk.

If you want to respond to a divorce case that your spouse has opened, use the Answer (CC-DR-050) and, if necessary, a Counter-Complaint for Absolute Divorce (CC-DR-094) or Limited Divorce (CC-DR-111).

DISTRICT COURTS In the Maryland district court, a defendant must respond to a complaint by filing a notice of intention to defend within 15 days after service of the complaint (Md. Rule 3-307). However, a defendant has 60 days to file the notice if the defendant is: ? Served outside of the state.

In Maryland, there are seven accepted fault grounds for an absolute divorce. Adultery, desertion, conviction of certain crimes, insanity, cruelty, and excessively vicious conduct. Below, we cover what you can expect when filing divorce under the grounds of adultery or desertion. Requires no waiting period.

More info

Take or mail the completed and signed forms to the civil clerk of the circuit court where your spouse's Complaint for Absolute Divorce was filed. (Family Law § 7-103).A counterclaim allows you to ask the court to resolve issues that your spouse failed to include in the complaint. ☐ My spouse and I have a written agreement resolving all of our marital debt issues and I am not asking the Court to assign responsibility for it. I RESPECTFULLY REQUEST that the Court grant what I requested in the Complaint that I already filed in this case, and deny the Defendant's Counterclaim. Prior to completing Form CC-DR-094 Counter-Complaint for Absolute Divorce review the General. Instructions (Form CC-DRIN) in addition to this Instruction form. Your spouse will then have thirty (30) days to file a response to your Counter-Complaint. Counter Complaint For Absolute Divorce Form. This is a Maryland form and can be use in Circuit Court Statewide.

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Maryland Counter-Complaint for Absolute Divorce