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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I would like to get a divorce I stated this process 10 to 20

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I would like to get a divorce I stated this process 10 to 20 years ago but I did not follow thru. I went to the court house to obtain the paper work and was told that the paper work is for a limited divorce. What would like to get a absolute divorce what should I do?
Hello,

Thank you for your question. My name is Ellen. I will do whatever I can to answer your questions!

An absolute divorce is commenced by filing this form:
http://mdcourts.gov/family/forms/ccdr020.pdf

Here are the instructions:
http://mdcourts.gov/family/forms/ccdrin020.pdf

Please let me know if you need any clarification. I would be glad to assist you further if I can

Customer: replied 3 years ago.

My son is now 28 years old as of 9/25/13 I do not want any thing from his father and also I do not no where he lives or even his where a bouts. I moved from New Orleans on 11/84 and 4 years later the marriage was over. There is no issue with property nor child support.

Hi Grace,

The forms that I provided should be acceptable for a divorce under the circumstances you have described. However due to the fact that you were unaware of your husband's whereabouts, an additional step may be required. You will need to ask the court to permit you to use constructive service instead of personally serving your husband.

You would file for divorce in the typical manner-- using the forms I have provided -- and then file a motion with the court to allow constructive service. Constructive service is used when a party to a lawsuit cannot be located after diligent search and inquiry. A common type of constructive service is publication in a local newspaper.

Customer: replied 3 years ago.

How long will this process take to be final?


Likely about 6 to 12 months
Customer: replied 3 years ago.

What are the means of check the status of this case once it has been filed.


The case will not progress on its own. You will need to file a motion with the court for constructive service. Then you will need to comply with the court's order and publish service in the paper. After publishing service in the paper you will need to petition the court for default judgment.
Customer: replied 3 years ago.

How much time need to pass to file a motion with the court for constructive service. Also how much time need to pass to comply with the court's order and publish service in the paper. After publishing service in the paper how much time need to pass to petition the court for default judgment.

Hi Grace,

How much time need to pass to file a motion with the court for constructive service.
It depends upon the local judge but a good rule of thumb would be about 30 days

Also how much time need to pass to comply with the court's order and publish service in the paper.
Publishing can usually commence immediately after the court issues its order

After publishing service in the paper how much time need to pass to petition the court for default judgment.
Again this depends upon the local judge but a good rule of thumb is 4–6 months


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Ellen and other Family Law Specialists are ready to help you
Hi Grace,

Thank you very much for the positive rating and the bonus! It has been my pleasure to work with you.

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Thanks again and all the best to you.

Ellen
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