Self-Representation
For various reasons, spouses may choose to resolve their case
without an attorney. The procedures that you must follow are the same if you had a lawyer,
except you will be responsible for complying with all of the Court Rules and filing the
proper legal forms. Some of the factors that are considered in whether or not to use a
lawyer to assist in a divorce are:
- Lawyers fees involved
- Complexity of the case
- Desire to control the timing of procedures and costs
Before you decide whether or not to use a lawyer in your divorce
case, consider the legal aspects as well as the emotional aspects of the divorce. If you
find it difficult to keep one from interfering with the other, it is best to hire a
divorce lawyer. Issues such as dividing marital property, deciding child custody and
access issues, negotiating spousal support, if any, and determining child support will
have long-lasting consequences.
You have the right to proceed without divorce lawyer but the
divorce process can be complex. If you choose not to use a lawyer in your divorce case you
should become familiar with your Maryland divorce laws and The Maryland Rules of
Procedure.
What is Involved:
The spouse who files for the divorce is called the
Complainant. The other spouse is called the Respondent. If you are the Complainant, you
will file a Complaint for Divorce. If you are the Respondent to the Complaint, you will
have been served with a Writ of Summons and Complaint and will have to respond in a timely
manner. Below are factors to consider before filing a Complaint for Divorce:
- Where to file the Original Petition.
- How to file.
- Grounds for Divorce - Fault vs. No-fault
Where to File:
You can file the divorce in the county in which you live or
the county in which your spouse lives or works.
Filing Your Complaint for Divorce:
You should hand deliver or mail the complaint for to your
local Court Clerk. You will need to serve a copy of the complaint to your spouse either by
way of The Sheriff or a private process server.
Grounds for Divorce:
Your choice of filing for a fault ground vs. a no fault
ground will affect how your spouse will respond and react to your Complaint, so careful
consideration must be given to this. The grounds for divorce can also affect property and
support issues. A lawyer can assist you in making this decision. A good resource for
divorcing without a lawyer is "The Non Lawyer Guide to Divorce in Maryland"
by Bernard A. Raum, Esq. ISBN 1-55369-146-6, published in 2001. |
