Legal Question in Family Law in Maryland

what is the amount of time to be separated to file an uncontested divorce

Ive been married 6 years. My wife left me in june of 2003. i left america to go to korea for one year. i want a divorce but i dont want to have to fight her about it. isnt there a law that states if we have been aprt for a certain amount of time that i can just file and be done with it?


Asked on 10/07/04, 2:40 am

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: what is the amount of time to be separated to file an uncontested divorce

If you have been separated for over one year by mutual and voluntary agreement, you can get a divorce on that ground without any fight about grounds for divorce. There still may be something to fight about if you have children or property about which you don't agree. Custody, child support, visitation, and any issues regarding real estate or personal property can cause a problem. If neither of you claims an interest in any property held by the other, and there is no property (such as a car or real estate) titled to both of you and there are no debts on which you are both obligated, you should be able to obtain a divorce very simply. If you are still in Korea, you should find a lawyer to the county where your wife lives to represent you and to prepare the necessary papers for filing.

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Answered on 10/07/04, 10:01 am
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: what is the amount of time to be separated to file an uncontested divorce

Generally, in MD, if there is a VOLUNTARY separation without any interrruption or cohabitation for one year, the parties may file for an absolute divorce. The process can be very technical and somewhat tricky so a good lawyer can be helpful and efficient. Contact my office if you would like to meet for a free consultation. My phone # is (301) 279-8773, and my office is next to the Courthouses in Rockville. Thank you. -AP

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Answered on 10/07/04, 2:19 pm


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