Richardson v. Richardson (2024) & Deadlines in Maryland Divorces

Published on
December 30, 2024
Written by
Angel Murphy, Esq
Category
Divorce

As we have stressed time and time again on this blog, self-representation in the context of Maryland family law is a very risky proposition. If you’re preparing to file for divorce, or preparing to respond to a divorce petition, retaining a qualified divorce attorney is typically the wisest course of action. There are all sorts of reasons as to why retaining a qualified attorney is a good idea. One major reason is that attorneys tend to be much more aware of the myriad procedural rules which are a big part of the landscape of family law. If you’re going through a divorce, and you fail to meet a particular deadline, this can have a disastrous impact on your case. This is true even if the deadline in question is seemingly unimportant or insignificant.

One recent case which clearly illustrates this fact about the importance of deadlines is Richardson v. Richardson (2024), a case which arose out of Baltimore County.

Let’s go over the facts and outcome of this case in detail.

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Case Outline

Both parties in this case were represented by counsel. The wife and her attorney drafted the initial settlement agreement and submitted it to the husband and his attorney for approval. Ultimately, the husband agreed to give the wife 30% of his retirement benefits as part of the property division phase of the dissolution. Subsequently, the parties finalized a QDRO to formalize the transfer of the retirement benefits as part of the divorce judgment. The final divorce decree and the QDRO were officially “docketed” on August 14, 2023.

After the decree and QDRO were docketed, the husband objected to the divorce terms. He wanted to overturn the percentage of the retirement benefits given to the wife. If a party wishes to object or change the original outcome of a divorce, there are several paths which can be taken. The party can file a motion for reconsideration, an appeal, or a motion to alter or amend judgment. The deadline to file the motion for reconsideration and appeal are both 30 days, while the deadline to file the other to alter or amend is only 10 days.

The official docketing date is the date from which these deadlines are calculated, and so that date is obviously very critical. Also, if someone files a motion to alter or amend, that filing will temporarily stop the clock to file an appeal. Keeping track of all these rules is not easy, and that’s where the value of a qualified attorney comes into play.

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Outcome & Discussion

The husband filed a motion for reconsideration and a motion to alter or amend on September 14. He also filed an appeal on December 12. All these attempts were dismissed on the basis of missing the deadline. In the case of the motion for reconsideration, the deadline was only missed by 1 day, but the court strictly enforces this deadline and so the husband couldn’t prevail. In its decision, the court emphasized the importance of following these deadlines very carefully, as failing to do so can have a serious impact on the results of a case. In this situation, although the husband was up against mere “technicalities,” they were firmly enforced and so the husband ultimately lost.

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Contact the Murphy Law Firm for More Information

To learn more about divorce deadlines, or other procedural matters in Maryland divorce and family law, contact one of the family law lawyers at the Murphy Law Firm today by calling 240-219-5243.

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Angel Murphy

Personable. Passionate. Persistent.

maryland family law | divorce deadlines | procedural rules | qualified attorney | richardson v. richardson | missed deadlines | qdro | retirement benefits | property division | motion to reconsider | appeal dismissal | family law procedure

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