Maryland Divorce Lawyer Blog
An old saying (often misattributed to the poet Oscar Wilde) warns of the many dangers that can befall you if you assume something to be true. That nugget of knowledge definitely applies in family law. Making assumptions can be the pathway to a legal outcome that is much more harmful to your interests than you intended. Rather than relying on your own assumptions, you are better off talking to an experienced Maryland divorce lawyer, who can help you make certain your rights and your interests are protected in your family law case.
If you go online, you will find that the Maryland Judiciary helpfully offers several pleading forms on its website. The form for answering a complaint is a template-style document that allows the user to admit or deny the allegations the opposing party has asserted in their complaint. At the end, the answer enables you to say that you want the judge to “Dismiss [or] Deny the complaint”, to “Grant the relief requested in the complaint,” or to deny some things and grant certain others.
It is essential to understand that choosing to simply go online, select a form template, and file a court pleading without hiring a lawyer can have serious negative consequences. The court generally will hold you to what you included in your document, even if you did not fully understand the impact of what you were doing. If you have any uncertainty or lack of clarity about what is taking place or what the legal consequences of your document are, you definitely should consult an attorney.
A Harford County wife did not do these things, which led to an unfavorable outcome in her divorce.
The husband’s complaint for an absolute divorce alleged that neither spouse sought, nor should receive, alimony or a monetary award. Within the time allowed by the rules, the wife filed an answer. In her answer, the wife asked the court to “grant the relief requested in the complaint.”
In addition to demonstrating the risks of relying solely on the Internet rather than legal counsel, this case illustrates another key point, which is that, whatever preconceptions you may have, you should not skip your divorce hearing. Having legal representation is best, but not hiring an attorney and not showing up to the hearing is the worst option, as it can trigger several potentially detrimental results. One, the case will go on in your absence. Two, no one will be present to represent your side, including to correct or clarify any misconceptions.
We raise these warnings because the wife’s appellate documents seem to conflict dramatically with what she filed with the trial court. In her original answer, she said she wanted the trial judge to “grant the relief requested in the complaint,” which, by implication, meant granting the divorce and awarding neither spouse alimony nor a monetary award.
In her appellate papers, the wife presented a significantly different account. She contended that she no-showed at the divorce trial because her husband told her for over a year that the pair was “going to stay married and work on our marriage,” and she also asserted that she needed alimony to cover her $2,500-$2,800 per month in bills.
Unfortunately for her, the Appellate Court had before it an answer filing, signed by the wife, stating that she agreed neither spouse should receive alimony. Because she did not attend the trial, she lost her opportunity to raise the issues about alimony or the husband’s statements to her. The trial court acted appropriately in carrying out the divorce hearing without the wife and granting the husband the relief he requested.
The outcomes arising from the resolution of your divorce case are too important to leave to chance… or to your assumptions about how things will play out. Instead of assuming, make sure that you know. That starts with speaking to the knowledgeable Maryland family law attorneys at Anthony A. Fatemi, LLC, who can give you the essential advice and advocacy you need to protect your interests and needs in your divorce. Contact us today at 301-519-2801 or use our online form to schedule your consultation.