Legal Question in Family Law in Maryland
My wife filed for a divorce and I didn't contesting it. No minor children are involved. All marital property was divided at ADR and a seperation agreement was filed in Circuit Court. On 8 March 2010 we will have been seperated for a year and we are scheduled for a hearing to finalize the divorce in late March. I know that I'm not required to appear for the hearing, but what happens if she doesn't appear, or if she does decides not to testify/proceed?
1 Answer from Attorneys
If she is the plaintiff and does not appear for the scheduled hearing, the case will be dismissed. To protect your interests, you may file counter-complaint for an uncontested absolute divorce. However, if she does not want to proceed, you may have trouble establishing the mutual and voluntary separation grounds. Worst case, you would have to wait a additional year and file on grounds of 2 year separation, which does require that it be mutual and voluntary.
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