Showing posts with label Pleadings. Show all posts
Showing posts with label Pleadings. Show all posts
Thursday, September 01, 2011
How to Divorce in Maryland
Before you are eligible to file a complaint for absolute divorce in Maryland it is first necessary to establish the grounds for divorce. Once you have established that you are eligible to file the complaint for absolute divorce in Maryland you would file the complaint, information sheet and potentially a financial statement in the Circuit Court where either you reside or in the Circuit Court of the county where your spouse resides. The court will issue a summons for service on the spouse along with the information sheet, complaint and financial statement, if necessary. Upon service of the summons to your spouse they are then required to file an answer. If no answer is filed you would move forward to a default judgment. If an answer is filed the court will schedule a conference for all the parties to attend where appropriate court assets can be applied to the issues of the divorce case in an attempt to resolve the issues without litigation. If those measures are unsuccessful the case will proceed to a settlement conference. If the case cannot be resolved at the settlement conference a hearing date is scheduled for the parties to appear in court and present their evidence. There are a number of detours any given case can take depending upon the facts of those individual cases. If you have questions about your divorce in Maryland please feel free to call me. I am happy to answer your questions over the phone and will do so at no cost to you 1-888-760-7339
Wednesday, April 15, 2009
A Sample Complaint for Absolute Divorce in Maryland
This is a sample complaint for an absolute divorce in Maryland based upon a mutual and voluntary agreement to separate. There are several other grounds for divorce that you can plead. I am offering the sample only as a general outline. Your case may have difference facts and different prays for relief.
IN THE CIRCUIT COURT OF MARYLAND FOR xxxxxxxxxxxxxxx COUNTY
CASE NO.:
xxxxxxxxxxxxxxxx
xxxxxxxxxxxxxx
xxxxxxxxxxxxx
*
Plaintiff
v.
*
xxxxxxxxxxxxx
xxxxxxxxxxxxx
That the Court determine the value of all marital property of the parties.
That the Court make a monetary award to the Plaintiff after adjusting the parties'
equities in the marital property.
That such monetary award in favor of Plaintiff be reduced to a judgment together with interest in Plaintiff’s favor.
That the Court order a sale in lieu of partition of all real and person property
determined to be jointly owned and not determined to be family home or family
use personal property and divide the proceeds.
That the Defendant be enjoined from disposing of or otherwise encumbering any of the property marital property or property acquired during separation.
That the Court order the real and personal marital property to constitute lis pendens with respect to all real and personal property.
That the Defendant be ordered to pay to the Plaintiff suit money and court costs,
including a reasonable contribution toward Plaintiff's attorney's fees in connection with
legal services for the benefit of said child(ren) and attorney's fees for the Plaintiff, and
that such order be reduced to Judgment in favor of Keith Blair Bartnik, P.A..
That the Plaintiff be granted the use of her maiden name.
That the Court enter an Order as justice may require both pendente and permanent
That the Court grant such other and further relief as the Plaintiff’s cause may require.
______________________________
Plaintiff
IN THE CIRCUIT COURT OF MARYLAND FOR xxxxxxxxxxxxxxx COUNTY
CASE NO.:
xxxxxxxxxxxxxxxx
xxxxxxxxxxxxxx
xxxxxxxxxxxxx
*
Plaintiff
v.
*
xxxxxxxxxxxxx
xxxxxxxxxxxxx
xxxxxxxxxxxxx
Defendant
**********************************************
COMPLAINT FOR ABSOLUTE DIVORCE
**********************************************
COMPLAINT FOR ABSOLUTE DIVORCE
XXXXXXXXXXXXX , Plaintiff, by Keith Blair Bartnik, his/her attorney, respectfully represents unto Your Honor:
1. That Plaintiff is an adult and is a resident of XXXXXXX County, State of Maryland; that Defendant is an adult and is a resident of XXXXXXXXX County, State of Maryland; that both parties have been residents of the State of Maryland for more than one (1) year prior to the filing of this Complaint.
1. That Plaintiff is an adult and is a resident of XXXXXXX County, State of Maryland; that Defendant is an adult and is a resident of XXXXXXXXX County, State of Maryland; that both parties have been residents of the State of Maryland for more than one (1) year prior to the filing of this Complaint.
2. That the parties were married in a xxxxxxxxx ceremony on the day of , , in , State of Maryland, in accordance with the laws of that State.
3. That XXXXXXX children were born as a result of said marriage; namely, ,
that said children are in the care and custody of xxxxxx . That xxxxx is not a fit person to have custody of said children.
4. That the parties have acquired and accumulated property during their marriage
to each other and is "marital property", the same not having been acquired by an inheritance or gift from a third party, and is not excluded by a valid agreement nor is it directly traceable to any of these sources.
5. That the parties have acquired and accumulated marital debt during the
marriage to each other and is "marital debt".
6. That there are no other suit and or cases involving these parties.
7. That the parties are presently living separate and apart and have voluntarily lived separate and apart from one another without cohabitation from XXXXXXXXX to the date of the filing of this Complaint; that said separation is beyond any reasonable expectation of reconciliation.
WHEREFORE, Plaintiff request the following relief:
That Plaintiff be granted an absolute divorce from the Defendant.
That Plaintiff be awarded temporary and/or permanent custody of the minor children of the parties.
That the Defendant be ordered to pay to the Plaintiff a reasonable sum for temporary and permanent child support and child care.
That the Defendant be ordered to pay the cost of health insurance for Plaintiff and
the minor child(ren) of the parties.
That the Court determine the ownership of all personal property and real property regardless of how titled.
That the residence of the parties be declared a family home.
That the Plaintiff be granted a use and possession order of said family home for the benefit of the minor child(ren) both pendente lite and for a period of not less than three years from the date of divorce.
That the Defendant be ordered to pay all or part of the mortgage payments/rent,
all or any part of the indebtedness related to the property, the cost of any maintenance, insurance, assessments and taxes, and any other similar expenses in connection with the property.
That the Defendant be restrained from entering upon the family home property in violation of the use and possession order.
That the furniture and furnishings in said residence be declared family use personal property both pendente lite and for a period of not less than three years from the date of divorce.
That the family use car be declared family use personal property both
pendente lite and for a period of not less than three years from the date of divorce.
That the Defendant be ordered to pay to the Plaintiff Pendente lite and permanent alimony.
That the Court make a determination of all marital property of the parties.
3. That XXXXXXX children were born as a result of said marriage; namely, ,
that said children are in the care and custody of xxxxxx . That xxxxx is not a fit person to have custody of said children.
4. That the parties have acquired and accumulated property during their marriage
to each other and is "marital property", the same not having been acquired by an inheritance or gift from a third party, and is not excluded by a valid agreement nor is it directly traceable to any of these sources.
5. That the parties have acquired and accumulated marital debt during the
marriage to each other and is "marital debt".
6. That there are no other suit and or cases involving these parties.
7. That the parties are presently living separate and apart and have voluntarily lived separate and apart from one another without cohabitation from XXXXXXXXX to the date of the filing of this Complaint; that said separation is beyond any reasonable expectation of reconciliation.
WHEREFORE, Plaintiff request the following relief:
That Plaintiff be granted an absolute divorce from the Defendant.
That Plaintiff be awarded temporary and/or permanent custody of the minor children of the parties.
That the Defendant be ordered to pay to the Plaintiff a reasonable sum for temporary and permanent child support and child care.
That the Defendant be ordered to pay the cost of health insurance for Plaintiff and
the minor child(ren) of the parties.
That the Court determine the ownership of all personal property and real property regardless of how titled.
That the residence of the parties be declared a family home.
That the Plaintiff be granted a use and possession order of said family home for the benefit of the minor child(ren) both pendente lite and for a period of not less than three years from the date of divorce.
That the Defendant be ordered to pay all or part of the mortgage payments/rent,
all or any part of the indebtedness related to the property, the cost of any maintenance, insurance, assessments and taxes, and any other similar expenses in connection with the property.
That the Defendant be restrained from entering upon the family home property in violation of the use and possession order.
That the furniture and furnishings in said residence be declared family use personal property both pendente lite and for a period of not less than three years from the date of divorce.
That the family use car be declared family use personal property both
pendente lite and for a period of not less than three years from the date of divorce.
That the Defendant be ordered to pay to the Plaintiff Pendente lite and permanent alimony.
That the Court make a determination of all marital property of the parties.
That the Court determine the value of all marital property of the parties.
That the Court make a monetary award to the Plaintiff after adjusting the parties'
equities in the marital property.
That such monetary award in favor of Plaintiff be reduced to a judgment together with interest in Plaintiff’s favor.
That the Court order a sale in lieu of partition of all real and person property
determined to be jointly owned and not determined to be family home or family
use personal property and divide the proceeds.
That the Defendant be enjoined from disposing of or otherwise encumbering any of the property marital property or property acquired during separation.
That the Court order the real and personal marital property to constitute lis pendens with respect to all real and personal property.
That the Defendant be ordered to pay to the Plaintiff suit money and court costs,
including a reasonable contribution toward Plaintiff's attorney's fees in connection with
legal services for the benefit of said child(ren) and attorney's fees for the Plaintiff, and
that such order be reduced to Judgment in favor of Keith Blair Bartnik, P.A..
That the Plaintiff be granted the use of her maiden name.
That the Court enter an Order as justice may require both pendente and permanent
That the Court grant such other and further relief as the Plaintiff’s cause may require.
______________________________
Plaintiff
How To File For Divorce In Maryland
The very first step before filing for divorce in Maryland is to confirm you have the correct jurisdiction. Secondly you need to verify you have a grounds for divorce. Once these are verified and you are confident you have the correct location (jurisdiction) and you have a grounds for divorce, then you are ready to draft the pleadings. The pleadings themselves are to follow specific outlines. The rules for pleadings are found in RULE 1-301. FORM OF COURT PAPERS. A pleading is to have
Caption and Titling. Every pleading and paper filed shall contain a caption setting forth (1) the parties or, where appropriate, the matter, (2) the name of the court, (3) the assigned docket reference, and (4) a brief descriptive title of the pleading or paper which indicates its nature.
An original pleading shall contain the names and addresses, including zip code, of all parties to the action if the names and addresses are known to the person filing the pleading. If the address of a party is unknown, the pleading shall so state.
Regardless of the nature of the action, the party bringing an action shall be called the plaintiff and the party against whom the action is brought shall be called the defendant.
Caption and Titling. Every pleading and paper filed shall contain a caption setting forth (1) the parties or, where appropriate, the matter, (2) the name of the court, (3) the assigned docket reference, and (4) a brief descriptive title of the pleading or paper which indicates its nature.
An original pleading shall contain the names and addresses, including zip code, of all parties to the action if the names and addresses are known to the person filing the pleading. If the address of a party is unknown, the pleading shall so state.
Regardless of the nature of the action, the party bringing an action shall be called the plaintiff and the party against whom the action is brought shall be called the defendant.
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