What happens when your spouse refuses to sign divorce papers?
It takes two people to get married but only one person to get divorced. The breakdown of the marriage doesn’t always feel the same to both partners. Often, one spouse is ready for a divorce before the other. When that happens, your spouse may refuse to sign divorce papers or finalize a separation agreement. Maryland law provides options for those who want to get a divorce despite their spouse’s objection. Keep reading to learn more.
Does Your Spouse Have to Agree to a Divorce?
Divorce is a difficult and emotional process. When a spouse refuses to sign divorce papers, it can make moving on from a broken relationship much harder. In Maryland, your spouse does not have to agree to the divorce. Either spouse can file a Complaint for Absolute Divorce. Your spouse’s refusal will not prevent the Court from entering a judgment.
If your spouse does agree to end the marriage, it can significantly reduce the time, expense, and frustration involved in the divorce process. You and your spouse could negotiate divorce terms you can agree on through mediation or on your own. Suppose you and your spouse have a written separation and property settlement agreement. In that case, you can use the Maryland Mutual Consent Divorce process to shortcut the process timetable and resolve your case more quickly.
What Happens if Your Spouse Refuses to Sign Divorce Papers?
If your spouse does not acknowledge the divorce paperwork, it can work in your favor. Under Maryland law, your spouse has 30 days to file a response to your Complaint or 60 days if they live out of state. If your spouse misses the deadline, your divorce lawyer may request an Order of Default and serve them a notice with the hearing date.
If a default is entered, your spouse will have 30 days to file a motion to vacate the default. Once entered, a motion to vacate the default must state why your spouse failed to respond on time. If they do not file the motion to vacate default within 30 days, the Court will schedule a default hearing and take testimony and evidence without them.
Once the Court finds your spouse in default, if they still refuse to attend the hearing, the Court will enter a default judgment. The default judgment of divorce typically includes things like child custody and visitation, support, and property divisions, as long as you have sufficient evidence to meet the legal standards.
The Right Lawyer Can Make All the Difference
Hiring a lawyer should be the first thing you do when encountering any legal matter, not a last resort. Whether you’re thinking about a separation or divorce or have been charged with a crime, been injured in an accident, or your civil rights have been violated, you need to first know your rights. Contact Mike Mastracci today at 614 Edmondson Ave Catonsville, MD 21228 (with satellite offices in Ocean City, Snow Hill, and Salisbury, Maryland), 410-869-3400, and check us out on Facebook.