In Maryland, an opposing party has certain time limits to file a response to a complaint, petition, or motion. If the opposing party lives in Maryland, they have thirty (30) days to file an answer once they have been served. If the opposing party lives in another state, they have sixty (60) days to file an answer. When the opposing party does not respond, the person who filed the initial complaint may file a motion for an order of default.

One has to show that service of process was proper. The court will then conduct a hearing and, if the opposing party does not show up, the court can then enter a default judgment which means that the party who filed the case is awarded the relief they requested. If the opposing party wants to fight the default judgment that was entered against them, they will have to act quickly and file a motion to set aside the judgment within the filing deadline and for good cause. Otherwise, all of the parties will be bound by the terms of the default judgment.

Navigating the filing deadlines in a family law matter can be overwhelming and complex for many. If you have any questions regarding default hearings and/or orders, please call us at (443) 741-2567 and we would be happy to help.

Once parties obtain a judgment of absolute divorce which incorporates a child custody schedule, a custodial parent may face some challenges if they want to relocate to a new location. Usually there will be a ninety (90) day notice provision that the court allows in a custody agreement that the relocating party must give to the other parent of their intention to move. The relocating party must follow each step set out in the parties’ custody order for said notification to be given. If the noncustodial parent agrees, then there would not be a need for any court intervention. If the noncustodial parent does not provide their consent, then you will need to obtain the court’s intervention and prove to the court why it is in your child’s best interest to relocate them. The relocating party will have to provide evidence as to their child’s standard of living, access to family and friends, educational opportunities, and their bond with each parent in considering whether to grant the relocation or whether to keep the custodial arrangements as is.

Before you move, it is best that you consult with an attorney and weigh your options especially if the noncustodial parent objects to the relocation. Please call us at (443) 741-2567 and we would be happy to answer all of your questions.

What is temporary alimony?

Temporary alimony is a monetary amount that a court may award before a divorce is finalized. It is often known as “pendente lite alimony" and the goal is to keep the financial status of the party who is seeking it status quo during the pendency of the divorce case. It is usually awarded in the early stages of the divorce process. The court considers several factors in determining whether to award temporary alimony including having to determine what the parties financial needs are and the other party’s ability to pay temporary alimony. Even if the court awards a party temporary alimony at a pendente lite hearing, it does not necessarily mean that the court will award alimony once the parties obtain an absolute divorce.

If you are considering filing for divorce, you should understand how alimony could impact your case. Alimony can have a significant impact on your life and how you move forward. If you have any questions, please call (443) 741-2567 and we would be happy to meet with you to discuss your options.