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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11774
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I want to file a counter-claim of divorce against my spouse

Customer Question

I want to file a counter-claim of divorce against my spouse (Prince Georges County - Maryland). I am trying to find the online forms.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Prince Georges County, Maryland
JA: Have you talked to a laywer yet?
Customer: I am trying to obtain Legal Services from the Community Services due to my finances
JA: Anything else you want the lawyer to know before I connect you?
Customer: We were together for sixteen years... married for ten of those sixteen... he emotionally and financially deserted the family AFTER he gave me permission to walk away from my job of ten years. I supported the family on my own during the numerous times that he was unemployed... one time for almost two years. I want part of his pension and financial support for a period of time if I am able.
Submitted: 10 months ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 10 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Has your spouse filed a petition for divorce already?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
I have not been served BUT I received a notice in the mail to appear for a Status Hearing next week.
Expert:  MIAMILAW1127 replied 10 months ago.

Ok. So Maryland is a no fault divorce state so you cannot counterclaim your spouse for divorce if they have already filed. It doesn't really matter who files.

At this point, you have to file a response to the petition that they filed.

Customer: replied 10 months ago.
how do I get my part heard if he filed first and I haven't received the paperwork?
Expert:  MIAMILAW1127 replied 10 months ago.

You can assert whatever grounds you have for the divorce in your response (adultery, abuse, etc.).

Expert:  MIAMILAW1127 replied 10 months ago.

He needs to serve you.

Customer: replied 10 months ago.
if he doesn't? I can't respond to something that I don't know.
Expert:  MIAMILAW1127 replied 10 months ago.

He is legally obligated to serve you and provide proof of service to the court.

Customer: replied 10 months ago.
now I just wait?So I can't file my own petition?