Legal Definitions About Divorces in Maryland
What is an averment?
An assertion of fact in a legal document e.g. as in a complaint for divorce
(from Law.Dictionary.com) :
“A positive affirmation, allegation, or declaration of facts, especially in a pleading, as opposed to an argumentative statement or a statement based on induction or inference; generally this term is used in civil proceedings, as opposed to allegation in criminal proceedings.”
An averment that is stated in the negative, but is actually affirmative in substance. For example, the negative averment Â“he is not old enough to marry” really means that “he is too young to marry.” Although one who makes a simple denial in a pleading does not carry the burden of proof, the party who asserts negative averment has the burden to prove the averments affirmative substance.