Legal Question in Family Law in Maryland

Re: Divorce Decree

You have to meet the grounds for the divorce BEFORE it can be filed. Then the matter is heard by the court on the basis of the docketing information sheet that is filed with the complaint. With a 2 year voluntary separation, rarely is there a basis for an emergency hearing. Nonetheless, where one spouse is left destitute by the other spouse withholding bare substistence and where alimony is likely, the case should be expedited for hearing. An expedited hearing is not the same as an emergency hearing and will result only from a properly filed information sheet with the complaint.

Re: Divorce Decree

If you want to obtain a divorce, you must file a complaint in the circuit court where either you or your spouse live. The complaint must contain all of the required factual allegations and must be signed under oath by you. After the court issues a summons to your spouse, you must serve the court papers on her/him by certified mail or process server. Your spouse has 30 days (MD resident) or 60 days (non-resident) to file an answer. If the answer indicates that your spouse isn't contesting the case, you and he/she can file a joint line with the clerk indicating the case is "uncontested". It will then be assigned to a judicial officer for an evidentiary hearing, at which you and a corroborating witness will have to testify as to the requisite elements of a divorce. The court, upon acceptance of the sufficiency of your testimony, issues a judgment of divorce.

An experienced family law attorney can take care of this for you quickly and properly, and you'd be well advised to hire one, especially since, from the tenor of your question, your spouse seems to be uncooperative.