How much time do I have to serve my spouse?

     A Writ of Summons is only good for 60 days. This means you have to have your spouse served within those 60 days. If you need additional time, you can ask the Clerk of the Court, in writing, to issue a new Writ of Summons.

What if I cannot locate my spouse, will I have to remain married until I can locate him/her?

     No, the Court will not require you to remain married to a spouse that cannot be located; however, you must use good faith efforts to locate your spouse before the Court will permit you to proceed. These efforts must be documented in an affidavit submitted to the Court with a pleading requesting alternate service. Typically alternate service consists of publishing the notice at least once a week for three successive weeks in one or more newspapers of general circulation published in the county in which the action is pending.

What if my spouse is evading service?

     If your spouse is evading service you can file an affidavit with the Court indicating that your spouse is trying to avoid service. The Court may order that service can be accomplished by mailing a copy of the summons, complaint, and all other papers filed to your spouse at their last known residence and by delivering a copy of the papers to a person over the age of 18 at your spouse’s place of business. See Maryland Rule 2-121(b) 

     For more information on service of process click here.

     Since most family law matters require personal service of the defendant, it is important to properly serve your spouse. If you anticipate problems with service, it is always best to seek legal advice.

(02/07/14)