Divorce is a complex and challenging process, especially when one spouse is unwilling to cooperate. However, in the state of Maryland, it is possible to obtain a divorce without the consent of your spouse. Although the process may be longer and more complicated, with the right guidance and approach, you can successfully navigate through the divorce proceedings.
Determining Grounds for Divorce
The first crucial step in getting a divorce in Maryland is establishing the grounds for divorce. The state recognizes both fault and no-fault grounds for divorce. If you opt for a fault-based divorce, grounds such as adultery, desertion, cruelty, and excessively vicious conduct must be proven. On the other hand, Maryland also offers the option of a no-fault divorce, which requires a separation period of one year, with or without a mutual agreement between the parties involved.
The Process of Obtaining a Divorce in Maryland
In Maryland, there are two viable options for obtaining a divorce when your spouse is uncooperative. The first option is a contested divorce, where one party initiates legal action by filing a lawsuit against the other seeking a divorce. In this scenario, the spouse who files the complaint becomes the plaintiff, while the other spouse becomes the defendant.
The second alternative is pursuing a default divorce, wherein the court grants the divorce due to either the defendant’s failure to respond within a specified time period or their absence during the court hearing.
Understanding the Contested Divorce Process
In a contested divorce, the plaintiff must file a complaint with the circuit court in the county where either they or their spouse resides. This complaint outlines the grounds for divorce and formally requests the court to grant the divorce. To initiate this process, the Required Maryland Domestic Relations Forms must be completed and filed, along with the appropriate filing fee, at the Circuit Court Clerk’s Office in the local county courthouse.
After the complaint has been filed, it is essential to provide a copy of the complaint to your spouse, a process commonly known as serving the complaint. Typically, this task is assigned to a sheriff or a private server. Once your spouse has been served with the complaint, they have 30 days to file an answer, which serves as their response to the divorce complaint.
If the defendant spouse responds to the complaint by admitting or denying the allegations, the judge will schedule a hearing. During this hearing, both parties have an opportunity to present their cases to the judge, who will ultimately make important decisions related to child custody, child support, property distribution, and alimony.
Navigating the Default Divorce Process
In the case of a default divorce, the plaintiff also files a complaint with the circuit court. However, this time, the defendant is served with a summons requiring them to respond within 30 days. Failure to respond within this timeframe allows the plaintiff to file a motion for a default judgment with the court.
To proceed, the plaintiff must schedule a hearing date where they can present their case before the judge. If the judge approves the request for divorce, they will issue a final judgment of divorce.
The Importance of Hiring an Attorney
Throughout the contested or default divorce process, hiring an experienced divorce attorney can be incredibly beneficial. An attorney can provide valuable guidance, assist in completing the necessary forms, and effectively present your case in court.
Conclusion
Divorce is undeniably a challenging endeavor, particularly when one spouse is unwilling to participate. However, the state of Maryland provides options for pursuing a divorce in both contested and default scenarios. By thoroughly understanding and following the proper procedures, as well as enlisting the expertise of an experienced divorce attorney, you can achieve the best possible outcome for all parties involved.