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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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This is concerning a divorce proceeding going on at PG county

Customer Question

This is concerning a divorce proceeding going on at PG county Court,MD .
I had recently replied the answer send by court with respect to the complaint filed by plantiff. This is an uncontested divorce .

My question is, In the anwer sheet, there is a clause where it says...

FOR THESE REASONS, I request court(Check all that apply
a)Dismiss/Denythe complaint/Motion/petition
b)Grant the relief reuested complaint/Motion/petition
c) Grant the relief reuested complaint/Motion/petition except -------------------
d) Order any other approriate relief

I had checked caluse b) above and Clause d) was already checked, but i crossed over it.

Will this cause any problem for me as a plantiff. Will the court call me to court.If iam called what will they ask. Will I need to hire a lawyer in that case

I prefer an answer from a lawyer practising in PG county court,MD,USA
Submitted: 7 years ago.
Category: Family Law
Expert:  Samuel II replied 7 years ago.



you should have checked b) as you did - but you need to leave d) checked, too. that is what the court needs to Order the divorce decree. if you have mailed it in already, call the clerk of the court and explain what you have done and they should make the correction.


you will be called in and you will need to bring one witness who can testify that the marriage is irreconcilable. and that is what the court will ask - how long have you been separated, is this a mutual separation, is there any liklihood of reconciliation. and the witness will testify to back you up. and then it's done. but the divorce decree needs to be signed and that is what d) is for.


btw, i am licensed to practice in MD.



Customer: replied 7 years ago.

I had sent this last week.Can you tell me what should i tell the clerk of circuit court.?

Then the plantiff lawyer said that I dont need to attend the court since this is an uncontested divorce. It is also mentioned in the summons.So why you aresying they will call with me to bring witness.

What would have happened if i didnt respond to that answer.

Should I hire a lawyer now to help with this



Expert:  Samuel II replied 7 years ago.



my error. i thought you were the plaintiff. as this is what you stated in your original posting "Will this cause any problem for me as a plantiff."



if you are the Defendant, you do not need to appear. only the plaintiff and a witness. but in an uncontested divorce, the Plaintiff must appear and put it on the record what has been stated in the complaint.


you call call the Clerk's office and simply state you responded and that d) was checked but you inadvertenly crossed it out and realize now that it needs to be there. ask if they can make that correction for you.



Customer: replied 7 years ago.

Sorry for the confusion. Iam the defendant.


So you are saying that i should still call the cleark of circuit court and tell him to change the cross out. If i dont call and tell will that be a cause for me to appear in court or will the court just ignore that.

Expert:  Samuel II replied 7 years ago.



no. it will not cause you to have to appear in court - it will hold up the court's order of signing the decree.


you can attend the hearing, if you want to be there. just because the plaintiff's lawyer said you dont have to be there does not mean you cant be there. of course, there is no need for you to be there because it is uncontested and you attested to that when you marked your response to the complaint. it is generally in the interest of the plaintiff not to have a defendant show up because they dont want any "last minute" changes where you might stand up and say "NO. i dont want the divorce"


but you are not legally precluded from being at the hearing to see how it goes down.



Samuel II and 6 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.

Thank you sir for your good response.So from what you said it might delay the process just because I cancelled that line. Is there any way that the plantiff can get any benefits other than what was in the complaint for her.

This is the reason I cancelled that line.



Expert:  Samuel II replied 7 years ago.



i cannot comment to what the plaintiff can get - you checked b) which means you agree to whatever was stated in the Complaint - as it states "grant" - meaning allow or give - the relief requested. so whatever is in that complaint you have agreed to


d) is allowing the court to order and sign a decree. you need that to be divorced.

Customer: replied 7 years ago.

Should i call and tell the clerk i did that mistake. This will make the process easier,right?



Expert:  Samuel II replied 7 years ago.



that is up to you, of course. but if you want the divorce decree signed, then it needs to be an Order of the court. if you dont call then it will slow the process, yes.

Customer: replied 7 years ago.
Thank you sir
Expert:  Samuel II replied 7 years ago.



you are welcome and good luck

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