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Do I Qualify for a Mutual Consent Divorce? To have your request for a mutual consent divorce granted you will need to be prepared to show the court: You have both signed a written settlement agreement that resolves property and alimony issues.
If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. Whether or not your spouse responds, you will have to appear before the court (in almost all cases the hearing will be before a master) in a hearing scheduled by the clerk.
If you disagree with the allegations contained within the complaint, you could respond in the following ways: Defend yourself in court; File a cross claim, counter claim or third party claim; Assert that the Writ of Summons was not served properly; or. Simply ignore the debt collection case.
Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).
A Writ of Summons issued by the Circuit Court is only good for 60 days, so you must have the other party served within those 60 days. You will have to ask the Clerk of Court in writing to issue a new Writ of Summons if the other side has not been served within 60 days.
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If you want to serve the counter complaint by certified mail or the sheriff, the court will issue a Writ of Summons to notify the other side that you filed the counterclaim. If you want to serve the complaint by first class mail or private process, the court will issue the Writ of Summons to you.
The fee for this service is usually about $40-$60. Service fees are located on the Maryland Judiciary Website. District Court fees are the same throughout the state, but Circuit Court fees can vary.
This means that a judgment has been made in your favor, since the plaintiff did not continue to take legal action against you. Another way that a Writ of Summons can become void is if the sheriff's office does not serve it. A Writ of Summons must be served within 30 days after it was filed.
In any event, whatever document you file with the court in response to a petition must be served on the other party. Generally you can serve the answer by mail. Send it to the attorney for the other party, or to a party if he is representing himself. The address appears on the top of the petition.
If you want to respond to a divorce case that your spouse has opened, use the Answer (CC-DR-050) and, if necessary, a Counter-Complaint for Absolute Divorce (CC-DR-094) or Limited Divorce (CC-DR-111).

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