Legal Question in Family Law in Maryland

Re: Absolute Divorce

Presumably your husband will file in MD, if he's still living here. I will also assume that the agreement you signed recites that you separated voluntarily last November, and that it resolves all questions regarding division of property, children, etc. If so, he will be able to get a divorce without your cooperation as long as he can serve you with the court papers. Your refusal to cooperate will make it a little more difficult for him and prolong the process somewhat, but in the end he will be able to finalize the divorce.

Of course, if there remain property issues to be resolved, or if he's not in compliance with the agreement, this will be your opportunity to raise those issues and get them resolved.

Re: Absolute Divorce

Your husband can get his divorce, based on the separation agreement, after you have been separated for one year. He will have to have the divorce complaint served on you, either by a process server or by registered mail for whichyou must sign. If you do not file an answer to the complaint for divorce within sixty days after you have been served with the papers, he can file a "Request for an Order of Default," and he can get his divorce without any cooperation from you. THe only effect of your failure to respond will be a delay of about a month. Eventually a copy of the final divorce decree will be sent to you by the court. You can delay the divorce by not signing for the mail and by not filing an answer, but there is no absolute requirement for you to do anything. There is certainly no need for you to hire an attorney or incur any expense whatsoever.

Re: Absolute Divorce

I'm sure you know this but it bears repeating. it takes two people to be married, but only one to get a divorce. If either party is intent on not being married to the other any longer, you are not doing yourself any favor by refusing to sign off on the decree. Eventually, a judge will sign the decree for you if you don't sign. You have nothing to gain except a LOT of liability for attorney's fees by refusing to cooperate. I bet this is not what you were looking for, but that's the way this area goes. Good luck.