Do I send the divorce papers to the other party or to the other party's attorney

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I have an open child custody/support case. The case was opened in MD where we both reside. The other party is currently temporary out of state but their attorney is in MD. If I want to file for limited divorce, can I attach it to the current custody case? If so, can I just serve the attorney with those papers instead of the other party? If I do have to open a new case for the divorce, can I still serve the attorney? Would the other party have 30 days to respond if I am serving his attorney who is in state? Or would the other party have 60 days because they are not in state at the moment?

Attorney Answer

1
Jeffrey Kaplan ·
Depending on what stage you are in for the Child Custody/Support Case, you may be able to file a Counter-Complaint for Limited Divorce. In order to do that, most of the allegations and facts in the Child Custody/Support Case must be similar and involve the same witnesses, evidence, things like that. If you do file a counter-complaint, you are able to mail it to his attorney who is in state, even if currently, your Husband lives out of state. Include the same addresses that your husband listed in his original complaint. This will allow you to file and he will only be entitled to 30 days to respond.
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