What Is An Order Of Default In A Maryland Divorce?

You’re trying to file for divorce, but your spouse refuses to cooperate with the process. Now what? The Maryland courts have a solution to this problem. Under Maryland law, an order of default can be issued if a spouse is properly served with a summons and complaint yet fails to respond. In such a case, a judge would grant the divorce as well as relief requested if the uncooperative spouse ignored the divorce papers or failed to respond.

What is an order of default? 

An order of default allows a spouse to obtain a divorce if they have complied with the service of process requirements and the respondent spouse (the spouse who was served with papers) refuses or does not file an answer. In Maryland, a spouse generally has 30 days to respond to divorce papers if they were served within the state. They would have 60 days if served in another state, and 90 days if the service of process occurred outside of the United States.

In a Maryland divorce, several scenarios exist in which an order of default may be used. These include the following:

• Missing spouse – Just because you cannot locate the whereabouts of your spouse, it doesn’t mean that you can’t obtain a divorce in Maryland. If you don’t know where your spouse is to serve them with divorce papers, you must show proof that you conducted a diligent search to locate them. The court can allow alternate service by publication in such cases. Once they are served, if the missing spouse fails to file a response, you can file a Request for Order of Default. If the court enters an order of default, your divorce case can proceed without the missing spouse.

• Unresponsive spouse – If a spouse was personally served with divorce papers (or even served by alternate service) but ignores the filing or refuses to respond within the given amount of time, a judge may allow the case to proceed without that spouse’s involvement.

• Absent spouse – An order of default can also be issued in cases where a spouse fails to appear without a good reason and has been properly notified of the proceedings.

If your spouse does not respond to the divorce papers, you would need to provide the court with evidence and testimony to receive the relief you asked for in the complaint. The court would conduct a default hearing where it would consider your testimony and evidence. The court can make an award of property division, alimony, child custody, and child support without the other spouse participating in the process.

Talk to a Maryland Divorce Lawyer Today 

Schlaich & Thompson, Chartered represent the interests of Maryland residents who are pursuing a divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.