Legal Question in Family Law in Maryland
Do I have to agree to a divorce
My husband of 32 years has filed without representation for a divorce.Although the marriage was dead years ago from his constant infidelity,I do not want a divorce because I need health insurance. I have only a seasonal job with no benefits and quite a few health problems and cannot afford a policy on my own, nor can I afford an attorney. He cannot afford alimony or help to me either. He is living with another woman and supporting her and her child and wants a divorce so he can provide these benefits to them. Can he get a divorce without my signature?
2 Answers from Attorneys
Re: Do I have to agree to a divorce
Ifyou and your husband have not lived together for at least 2 years, he can get a divorce based upon that length of separation. However, you have significant rights that can be protected if you wish to do so. You have a right to share in all marital property, including retirement/pension plans that accrued during the marriage in either spouse's name. You say he can't afford alimony, but depending on his income and assets, he may be ordered to pay it to you. If you income qualify, you may be entitled to a reduced fee or even a free attorney to represent you. You should contact the bar association in your county and if they have a lawyer referral service, they can put you in touch with an attorney who may be able to help you.
Re: Do I have to agree to a divorce
He can get a divorce based on a 2 year period of separation. Based on the facts you present it appears that he can avail you of insurance coverage. You can maintain COBRA coverage for a period after your divorce. You should acquire representation since it appears that you are being presented with an inequitable disolution of your marriage. Contact an attorney.
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