Legal Question in Family Law in Maryland

Do I need an attorney?

My husband and I have been separated for over 3 years. We currently have a custody agreement (we have 1 child) which has been in place since last year. My lawyer can't seem to get my husband served with divorce papers (he won't answer the door, etc.). Can I dismiss my attorney and file for divorce on my own? This has been going on too long and I want action. We have no property to settle and no child support issues to settle at this time, as my husband is on disability. Please advise. Thank you.


Asked on 4/26/00, 6:00 pm

2 Answers from Attorneys

Re: Do I need an attorney?

You can always dismiss your attorney and try a case on your own. It is not advisable to go to Court without a lawyer.

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Answered on 6/07/00, 2:09 pm
Carolyn Press Chung & Press. P.C.

Re: Do I need an attorney?

If you have a separation agreement and have been living apart for over one year, and the other party cooperates, it is usually not difficult to get a divorce without an attorney, although sometimes problems do arise which make it risky to represent yourself. You can dismiss your attorney, but you might first want to investigate the reasons for the delay. Are you sure the complaint for divorce was filed with the court? If it was more than 60 days ago, the summons which needs to be served on your husband with the complaint has expired and needs to be renewed. You will need to have your husband served, either by a sheriff or a private process server. If he continues to evade service, it is possible to serve him by publication in the newspaper. You really should have an attorney to handle that, either your current one or another. If he ignores the complaint, you will need to file a request for an order of default, which again may require an attorney. One more important issue: the fact that he is on disability does not mean there is no child support issue. People on disability do pay child support in addition to the payment made for the child by Social Security or any other private disability coverage.

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Answered on 6/07/00, 2:23 pm


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