Do Both Parties Have To Agree To a Divorce in Maryland?

Divorce is a challenging and emotionally exhausting process. It becomes even more complicated when one’s spouse refuses to sign the divorce papers, as it can impede moving on from a broken relationship. However, Maryland law offers various options for those who wish to obtain a divorce despite facing objections from their significant other. 

What Is a Divorce in Maryland? 

Divorce, also referred to as absolute divorce, results when a court legally ends a couple’s marriage. The court will enter an order referred to as a divorce decree that will usually settle issues, including the following: 

• Spousal support 
• Child support 
• Child custody 
• Division of marital property 

Only once the divorce is finalized can the couple proceed to remarry. However, consider reviewing your questions with an experienced Maryland divorce attorney to better understand this process and what it entails.  
 

Does a Party Have To Agree To a Divorce? 

In Maryland, it is not necessary for both spouses to agree to get a divorce. In truth, either spouse can file a Complaint for Absolute Divorce, even if the other spouse wants to remain in the marriage or try to save it. However, if both spouses agree to end the marriage, it can substantially reduce the costs, time, and stress involved in the divorce process.  

When these parties can both agree, they can negotiate the divorce terms through a number of methods. If they already have an agreement, they have further options to help expedite the divorce process and resolve the case more quickly. 

Do You Have Options if a Spouse Does Not Want To Sign the Divorce Documents? 

If you and your partner cannot reach a consensus regarding a divorce, you do not have to stress that the divorce will not proceed. When you work with an experienced divorce attorney, these legal professionals can assist you in preparing and filing the appropriate divorce documentation without the help of your spouse. More importantly, even if your spouse does not want to accept the divorce documents when they are served upon them or refuses to participate in the process, the case can still move forward. 

In Maryland, a spouse will have 30 days to file a response to a divorce complaint or longer if they reside in another state. If the spouse misses this deadline and does not file the proper motions, the court can ultimately enter a default judgment. This judgment would provide the relief the party requested in the divorce, including visitation and child custody, property divisions, and specific support.   

Contact Rice Law Today To Learn More About Divorce in Maryland 

With over 50 years of combined experience fighting for individuals facing challenging family legal situations, the legal team at Rice Law is here to help. Our experienced and skilled divorce attorneys will take the time to educate you on the laws involved, explain the likely outcome based on your situation, and fight fiercely on your behalf.  

If you are considering filing for divorce in Maryland or want further information about the process, contact Rice Law today to speak with an experienced Maryland divorce lawyer.