Legal Question in Family Law in Maryland
Divorce without Legal Separation
I left my wife 6+ years ago but neither of us have ever applied for a legal separation.
We have not spent a single night together since.
We have not had sexual relations together since.
What are my options for obtaining a divorce now?
2 Answers from Attorneys
Re: Divorce without Legal Separation
Because you and your wife have lived apart for more than two years, and presumably there is no hope or expectation of a reconciliation, you have grounds for a divorce whether your wife wants it or not. The only issues, if there are no children, might be property issues. Anything either of you has acquired since your marriage, including pension benefits, savings, cars, or other property, but excluding gifts or inheritance from third parties, will be subject to the court's decision regarding a division of marital property. If you and your wife have reached an agreement regarding a division of property, you might want to have that agreement reduced to writing, as a contract of separation agreement, before filing for divorce. It will make the divorce quicker and a lot less expensive.
Re: Divorce without Legal Separation
You could file for divorce immediately. Maryland has a one year and two year no-fault separation period. One year applies if one party fights the divorce, if so, then the party asking for the divorce must wait for the two years of separation to expire. You have long since met the separation requirement.
If she is willing to sign a Property Settlement Agreement then that is the best course of action because the court will not have to decide any issues so you get your divorce must simpler and easier. If you draft an agreement and she signs it then you would attach that agreement to the divorce and ask the court to recognize the agreement in the order. It is much better to have her sign an agreement but it isn't impossible to get a divorce without it.
If she refuses to sign or you don't know how to locate her you can still file immediately for divorce and just ask the judge to order the property divided (property can be anything from furniture as you have already divided or real estate) and assets/liabilities. The judge will still grant the divorce without an agreement.
If you need help/advise give me a call at 301-652-0663. I would be glad to help.
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.
