Divorce can be a complicated process. It can be even more complex when one or both parties refuse to take the necessary steps to move the process. It is important to remember when this occurs that it only takes one person to want a divorce to get it. It can seem problematic when one partner realizes that they are ready for a divorce before the other one does. However, there is no reason to worry, you will still be able to get a divorce.
Maryland offers options for cases in which one partner is ready for divorce, but the other refuses to go along with it. In this state, both partners do not have to agree to a divorce. You can file a Complaint for Absolute Divorce regardless of whether both of you are on board. You can file for a no-fault divorce by stating one of two grounds:
1) Mutual Consent to the Divorce
2) Separation for One Year
When one partner does not agree with the idea of divorcing and refuses to sign the papers, a mutual consent divorce is no longer an option. However, a divorce can be granted by filing for a no-fault divorce on the grounds of a year-long separation. To meet the requirement, a couple must live in separate residences and have no sexual intimacy for one full year before filing for this type of divorce.
Default Judgement
If you’ve filed for a divorce, but your partner has not responded or appeared for the hearing, there is no need for concern. Under Maryland law, your partner has thirty days to file a response and if they do not, you may file a request for an Order of Default.
Upon filing for an Order of Default, a judge may issue a default judgment stating that there was no response to the divorce petition; therefore, the court sides with the petitioner. It rarely works out in favor of the spouse who would not sign the papers, and it will impact certain awards, including child custody and visitation, support, and property division—usually in favor of the petitioner.
With those explanations, you can see that there are other options for achieving a divorce, even if your partner is not in agreement that it is the correct course of action. If you are going through a divorce and have questions, contact our office immediately! Our attorneys are experienced in all types of divorce and will ensure that you get the best possible results for your particular circumstances. In a divorce, it is important to hire an attorney that knows what is best for your case, and how to navigate the complexities of the legal system.