Legal Question in Family Law in Maryland
if my spouse were to file for divorce and i do not agree to getting a divorce because i feel our issues can be worked out through counseling would a judge grant a divorce?
2 Answers from Attorneys
Depends on what grounds your spouse files. If you spouse files based on mutual and voluntary separation, which you contest, then no, a Judge would not grant a divorce. However, if your spouse files on fault grounds (such as adultery or desertion) or two year statutory separation, then yes a Judge could grant a divorce depending on the evidence presented.
That would depend on what grounds your spouse is alleging. If fault grounds are alleged (e.g., adultery, cruelty of treatment) and those grounds can be proven, then a judge would grant the divorce. In addition, a divorce may be granted on a 2 year separation, which does not require the separation to be mutual and voluntary. If the grounds are mutual and voluntary separation for 1 year, the most you could delay would be 2 years from the date of separation.