I am a defendant in a re-opened divorce case (divorce has been finalized and custody issues are now in question). I have not been receiving correspondence from the court or the opposing attorney (I am pro se), and I learned that my maiden name and former address are being used. I filed a change of address after moving a year ago, and I have not used my maiden name since before my marriage. It concerns me that is now necessary for me to monitor court records to stay informed. The clerk's office advised me to file a name change, which makes no sense, since my name has not changed since the original divorce filing. Is there anything I can do, other than closely monitor the court records?
If you filed the change of address prior to the case being reopened i would recommend refiling another You change of address and mail copy to opposing counsel.
http://www.mdcourts.gov/family/formsindex.html find the name change form from the aforewritten website.Take it to the court house and mail a copy to the opposing counsel. Also have your file pulled to see if there are any other documents in there that have been filed. Consult with an attorney.
First, this is a custody question, not a prenuptial question, so I am changing the catefory for better answers. The case can't move forward until the issue of service is addressed. Any time a case is opened, or re-opened, they need to have you served and provide the Court proof of servcie. Since they can't do that if they are using an old address you should be safe, though, it is likely you were supposed to update your address with the Court under the terms of your Judgment of Absolute Divorce. My suggestion would be to go to the Courthouse and get copies of everything that has been filed from the clerk and then file a response. You should also contact his attorney and put them on notice that your address is incorrect. Once you do that they have no excuse to use the wrong address.
Terrence Michael NolanChapter 7 Bankruptcy AttorneyBaltimore, MD ·
By saying "name change" the Clerk meant to file a change of address form. If the first one did not do it, file another. Send a Service copy to the attorney. This is a matter best considered under the applicable State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. Once you are comfortable with he or she, hire them to represent you. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!
