If I was served with divorce papers and it was stated that I don’t have to showup to court, is it advisable to do so anyway?

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If I was served with divorce papers and it was stated that I don’t have to showup to court, is it advisable to do so anyway?

The guy I was married to said his mother is judgmental. So we got married first then told her later. We moved in together but I could tell that his mother never really liked me. Before we got married I used to go see him when his mother was not around. So we got an apartment and moved in. Less than 2 weeks later, his mother convinced him to break the lease without my consent. He kept calling and texting me stating that he loved me and that he thought we were going to grow old together.

Asked on May 29, 2011 under Family Law, Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would be advisable for you to appear at the hearing in order to present your side as most likely arguments will be presented against you.  You might also want to file a declaration under penalty of perjury with the court prior to the hearing setting forth the facts.  Check with the court to comply with the filing deadline prior to the hearing in order to timely file your declaration.  You will also need to attach a proof of service to your declaration.  The proof of service verifies the date of mailing to your ex-husband.  You can use a court form or you can write your own.  If you write your own proof of service, it just says that you are over 18 and the attached documents was/were sent via first class mail unless specified otherwise to ___________ (your ex-husband's name and address) on _____________ (date).  The date you mail it should be the same date as the date you sign and date  the proof of service under penalty of perjury (at the bottom of the form) and the same date you file it with the court.


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