What Is An Order Of Default In A Maryland Divorce Situation?

You’ve completed your divorce petition and have served it to your spouse. There’s only one problem. Your spouse refuses to sign the paperwork, and now, you can’t even find them. They disappeared. Does this mean you can’t get a divorce? Do you need your spouse to participate in the divorce to end your marriage? No. In Maryland, the courts have a remedy for this circumstance. Under Maryland law, an order of default can be issued if a spouse is properly served with a summons and complaint but fails to respond. In these cases, the judge would grant the divorce and may also grant relief requested if the respondent spouse ignored the divorce papers or couldn’t be found.

What is an order of default? 

An order of default, as it pertains to divorce, allows a spouse to obtain a divorce if they have complied with the service of process requirements and the other spouse refuses to answer. In Maryland, your spouse will have 30 days to respond to the divorce papers if they were served within the state. They’d have 60 days if they were served in another state, and 90 days if service of process took place outside of the United States.

During a Maryland divorce case, several scenarios exist in which an order of default can be used. Those include the following:

• Missing spouse – A spouse who cannot locate the whereabouts of their partner can still pursue a divorce in Maryland. If the spouse doesn’t know where the other is to serve them divorce papers, that spouse must show proof that they conducted a diligent search to locate them. The court may allow them to serve the divorce by publication. Once the divorce notice has been published, if the missing spouse fails to respond, the spouse filing the divorce can file a Request for Order of Default. If the court grants the order, the spouse can proceed with their divorce.

• Unresponsive spouse – If a spouse was personally served with divorce papers (or served by an alternate service) but ignores the filing or fails to respond within the allotted time, a judge can allow the case to proceed without the involvement of the spouse who failed to respond.
• Absent spouse – An order of default can be issued in the event that a spouse fails to appear without good reason and has been properly served with divorce papers.

If one spouse does not respond to the divorce papers, the petitioning spouse would still need to establish evidence and testimony to receive the relief they are asking for from the court. The court would hold a default hearing where it would consider your testimony and the evidence you present. Even if your spouse isn’t there, the court can make an award of property division, alimony, child custody, child support, and more. However, certain situations exist in which a default would not apply, such as when a spouse is on active duty in the military.

Talk to a Bel Air, Maryland Divorce Lawyer Today 

The Bel Air divorce lawyers at Schlaich & Thompson, Chartered, represent the interests of those pursuing a divorce. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.