Divorce can be a challenging process, especially when one spouse refuses to cooperate. In Maryland, as of October 1, 2023, there is only one type of divorce: absolute divorce. Understanding the steps involved can help you move forward even if your spouse is uncooperative.
Filing for divorce in Maryland
The process begins by filing for an absolute divorce. You will need to submit form CC-DR-020 in the circuit court where you or your spouse reside. Do not forget to pay the filing fee unless you qualify for a waiver due to financial hardship. Make sure you have enough copies of your documents. You will keep one for yourself, and the others are for the court and your spouse.
Once you file, you must serve your spouse with the divorce papers. This step is crucial. You cannot serve the papers yourself; someone else must do it for you. After serving the papers, you need to provide the court with proof of service. This ensures your spouse knows about the proceedings.
Responding to a Complaint
If you are the spouse receiving the divorce complaint, you have a limited time to respond. If served in Maryland, you have 30 days. If served in another state, you get 60 days, and 90 days if served outside the U.S.
Use form CC-DR-050 to file your response, admitting or denying your spouse’s statements. You can also file a Counter-Complaint if you want a different divorce order. Divorce can be complex, especially if your spouse refuses to cooperate. Consider hiring a lawyer to represent you.
If your spouse does not respond within the given time, you can request a default judgment. This means the court may proceed without your spouse’s participation. Yet, the court will not issue a default order if your spouse is on active military duty.
In summary, even if your spouse refuses to cooperate, you can still proceed with a divorce in Maryland. Follow the legal steps carefully, seek legal advice if needed and make sure you properly file all documents. This approach will help you manage the situation effectively.