In Maryland, divorce cases are civil legal proceedings that follow the standard rules for what documents must be filed by each “side.” The “side” that begins a divorce must file a document called a “Petition” (or sometimes a “Complaint”). An “Answer” is the name of a legal document that must be filed by the responding spouse. The Answer is usually required to be filed within 30 days of the responding spouse receiving the Petition/Complaint.

There are legal consequences related to what is admitted or denied in an Answer. Thus, it is essential to seek guidance from top-tier Maryland divorce and family law attorneys before trying to respond to a Petition/Complaint for divorce. Contact us here at the Law Office of Robert Castro. Please call us at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland, and offer divorce, child custody, and family law legal services for communities in St. Mary’s County and other parts of Southern Maryland.

As the name of the document suggests, an Answer responds to the specific statements written out in the Petition/Complaint. To explain, Maryland has specific rules that require a Petition/Complaint to contain various information. For example, a Petition/Complaint must state the name of the person (or company) that is suing and make a general statement of where that party lives. Other information is also required, and the information is required to be stated in numbered paragraphs. So, as an example, a Petition For Divorce might state these facts (among many others):

1. That the divorce is sought by one spouse — let’s call him Gerald Garcia
2. That Mr. Garcia lives in Maryland
3. That the divorce is sought against — let’s call her — Mrs. Suzanna Garcia
4. That Suzanna Garcia was once known as Suzanna Jacobs
5. That Suzanna Garcia lives in Maryland
6. That the ground/reason for the divorce is “lived apart/separately for at least six months”
7. That the couple was married on June 1, 2015
8. And more

Per the Maryland Rules of Civil Procedure, an Answer to a Petition/Complaint must be filed by Mrs. Garcia and must provide an answer/response to each of the numbered paragraphs. There are many choices for how to respond to each paragraph specifically, but, generally, the answers involve some form of “admitting” or “denying” the statement. For example, it may be admitted — agreed — that Mr. Garcia is seeking the divorce, that Mrs. Garcia was once known as Suzanna Jacobs, and that the marriage occurred on the date specified.

As noted, legal consequences flow from what is admitted and denied. If a fact is “admitted” in an Answer, then the party admitted that fact is bound by that admission and the spouses are generally prevented from “fighting” about that fact later in the case. Indeed, one purpose of the combined Petition and Answer is to provide the judge assigned to the case a list of issues that are “admitted” and a list of facts/issues that are disputed.

It should be noted that, under the Maryland Rules of Civil Procedure, an Answer is not always required to be filed as the first document. An alternative is a document commonly called a Motion To Dismiss. A “motion” is a written request to the judge to take a certain action. Thus, a “Motion To Dismiss” is a written request that the judge dismiss the Petition/Complaint For Divorce. Typically, a Motion To Dismiss argues that the Petition/Complaint does not comply with the Rules of Civil Procedure.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer 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 Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.