Legal Question in Family Law in Maryland

What motion can I file if the clerk's office omitted sending me the information to file a affidavit of mailing after a divorce has been posted on the courthouse door?


Asked on 3/31/10, 8:07 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

It's hard to answer your question without more information. To get a divorce, you must serve the spouse by certified mail or via a process server, unless the court allows you to serve by publishing a newspaper notice when the spouse can't be located or is avoiding service. Once service is accomplished you must file an affidavit with the clerk proving you accomplished service. If you fail to do this within the time allotted, the suit will be dismissed. If your suit has been dismissed, you can always refile the suit, or you could file a motion to set the dismissal aside, reissued the summons and give you additional time to complete service.

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Answered on 4/06/10, 7:02 am


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