If you find yourself needing a divorce in Maryland and your ex-partner does not consent, you might feel stuck. First, understanding your legal rights and options is vital. Maryland law allows for divorce under certain conditions, even if one spouse does not consent.
However, you must meet the residency requirement before you file for divorce in Maryland. You or your spouse must have lived in the state for at least one year before filing the divorce petition.
Consider grounds for divorce
The state recognizes both no-fault and fault divorce. If your spouse does not agree to the divorce, you might consider filing on fault grounds, such as adultery or desertion.
However, many choose to file on no-fault grounds, which typically involves a separation period of 12 consecutive months without cohabitation and interruption before filing.
Filing the divorce papers
Once the separation period is complete, you can start the divorce process by filing your papers in the Circuit Court in the county where you or your ex reside. The paperwork must state the grounds for the divorce, which in your case would be a 12-month continuous separation.
After filing, you need to serve the divorce papers to your ex. Maryland divorce law requires that your ex has the opportunity to respond.
Managing the divorce proceedings
If your ex contests the divorce, you might need to attend mediation or court hearings to resolve the issues. Here, you’ll both have the opportunity to present your cases. It’s important to prepare documents or evidence supporting your claim for divorce, such as proof of your separate living arrangements for the past year.
If the judge finds that you have met all legal requirements and the separation period has been upheld, they may grant the divorce.
While you can start the divorce process without your spouse’s agreement in Maryland, it can be complex, especially if you have a contested divorce. Remaining informed and organized can help you manage the process more smoothly.
