When someone files for divorce, they are in practice suing their spouse. This means that the divorce is a legal proceeding subject to very specific rules and requirements that are binding on both parties. That includes adherence to certain deadlines mandated by the court and the general rules applicable to lawsuits.

A question we sometimes get is, “What happens if I sue my spouse for divorce and they simply don’t respond?” As with any civil lawsuit, if the defendant fails to appear in court or file any sort of formal answer to the original complaint, the court is authorized to enter a default judgment for the plaintiff. And once the court enters a default, the ex-spouse who failed to contest the divorce in a timely manner will find their options for appeal are limited.

Take this recent unpublished decision from the Maryland Court of Special Appeals, Shubert v. Shubert. In this case, a wife sued her husband for divorce. Her complaint sought alimony and a monetary award. When the husband failed to reply within the statutory deadline the circuit court entered a default judgment for the wife.

Approximately two months after the default, the court held a hearing on the wife’s request for alimony and a monetary award. The husband did not appear at the hearing. The hearing proceeded without him, and the court issued a final decree ordering the husband to pay the wife a monetary award plus legal fees.

A month after the court issued its final decree, the wife filed a subsequent petition asking the court to hold the husband in contempt for failing to comply with the terms of the judgment. At this point, the husband finally acknowledged the proceedings and answered this new petition. The husband also filed a motion to revise the default judgment “based on fraud, mistake, or irregularity.” The court denied the husband’s motion, which prompted his appeal.

The problem, the Court of Special Appeals explained, was that the husband’s appeal was itself filed too late. Maryland court rules normally require a party to file an appeal within 30 days of the entry of the judgment under appeal. As such, the Court said it had no authority to review the divorce judgment itself and only limited jurisdiction to hear his appeal regarding the motion to revise.

On that point, the appellate court said the trial judge acted within their discretion in declining to revise the divorce judgment. The husband “did not present evidence that clearly establishes extrinsic fraud, jurisdictional mistake, or irregularity.” Again, the Court emphasized the husband could not appeal with respect to any alleged irregularities during the trial itself, as he forfeited such claims by failing to file a timely appeal of the original judgment.

Contact Southern Maryland Family Law Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.

Source:

https://www.mdcourts.gov/sites/default/files/unreported-opinions/1497s20.pdf