Legal Question in Family Law in Maryland
Absolute Divorce
Can a judge withhold a person's divorce request? After filing for a divorce and (waiting the required 12 months,) my case heard by a judge; however, my divorce was extended for eight more months because my husband stated that we had been intimate. Now, we go back in September and I have filed a Supplement to the original divorce papers. Will I be granted a divorce? What is the law on this type of situation. Thanks,
1 Answer from Attorneys
Re: Absolute Divorce
The reason you didn't get your divorce when you first went to court is that the judge, based on your husband's testimoney, found that you had "cohabited" within the 12 month period. So you couldn't meet the requirements of the law. Presumably after the 8 month wait you will have gone 12 months without any further "cohabitation". If so, you'll get your divorce. The law requires that you not live or have marital relations with your spouse for an uninterrupted 12 month period (by mutual consent). Any "break of the chain" requires you to start the period over again.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
