Q: Wife and I separated over 3 months. She refuses to sign separation agreement. What recourse for proceeding with divorce?
A:
In Maryland, to receive a no fault divorce, the parties must meet the following criteria:
1. No minor children in common
2. Signed separation agreement resolving all property and alimony issues
3. No rescission of the agreement and
4. Both parties must appear at the divorce hearing.
Here, it appears that a no fault divorce is not an option. Therefore, unless a fault ground for divorce can be proven, an uncontested divorce is the only option.
In filing for an uncontested divorce, the parties must have lived separate and apart for 12 months at the time of the hearing.
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