Quality legal representation can help your divorce in many ways. The right legal team can be instrumental in requesting and amassing the evidence you need and crafting that proof into a compelling case for the relief you seek. One additional big way a skilled attorney can help is by navigating the rules of procedure. These rules may seem obtuse, opaque, or beyond comprehension to a layperson, but their requirements nevertheless are mandatory and noncompliance can have catastrophic consequences for your case. A skilled Maryland divorce lawyer, however, will be steeped in these requirements and know how to carry your matter forward without being tripped up by the rules.
A divorce litigation matter from Baltimore County shows how badly your case can go wrong if you fail to do what the rules demand.
The wife, a Baltimore-area realtor and accountant, hired an attorney who filed a petition for divorce on her behalf. The husband wisely retained counsel, who filed an answer. Aided by their attorneys, the couple worked out a consent agreement. The agreement stated that the wife got 30% of the husband’s pension.
Again, proceeding prudently, the spouses hired a lawyer to draft the Qualified Domestic Relations Order (QDRO), which is the legal document needed to establish the transfer of pension funds in favor of the wife. On Aug. 14, 2023, the court docketed both the judgment of absolute divorce and the QDRO.
When the Countdown ‘Clock’ Starts
This docketing date is very important because it starts the deadline “clock” running for many post-judgment options. A spouse who is dissatisfied with the outcome of his divorce may file a “motion for reconsideration,” which is a request asking the trial judge to change his/her original decision. You have 30 days from the date of the judgment to file this motion. Another method for asking the judge to change his/her mind is something called a “motion to alter or amend judgment.” The deadline for filing this is only 10 days.
These deadlines are usually strictly enforced. In this Baltimore County case, the husband filed a motion to reconsider and a motion to alter or amend. He filed both on Sept. 14, 2023. Both were too late. The deadline for a motion to alter or amend was Aug. 24; for a motion for reconsideration, it was Sept. 13.
Another key thing to note is that if you file a motion for reconsideration after more than 10 days, but before the deadline expires (so, between 10 and 30 days,) that motion does not change the deadline for filing an appeal. In that circumstance, the filing deadline for an appeal is still 30 days from the date of the judgment. A timely-filed motion to alter or amend, however, does stop the “appeals clock” from running.
In this husband’s circumstance, the appeal deadline date was Sept. 13. The husband filed on Dec. 12, almost 60 days after the deadline. As a result, the court dismissed his appeal without even considering his arguments.
The appeals judges included a cautionary note, writing that “these rules might seem complicated and perhaps confusing, but they are the guidelines that every litigant, whether they are represented by an attorney or not, must follow and the Court must enforce.” One can reasonably deduce from this statement that the rules of procedure may not always appear clear or straightforward to a layperson, placing a self-represented litigant at a severe disadvantage compared to one represented by a skilled attorney.
To ensure you have the best odds of getting justice in your divorce case, make sure you have high-quality representation at every step of the way. The Maryland family law attorneys at Anthony A. Fatemi, LLC are here to help, providing detail-oriented, diligent, and zealous advocacy for all of our divorce clients. Contact us today at 301-519-2801 or via our online form to set up your consultation.