It is not uncommon for one spouse to want a divorce but for the other spouse to be opposed to the divorce. But it does not matter in the long run. If one spouse wants a divorce in Waldorf (or other parts of Southern Maryland), the divorce will happen. Spouses have a right to a divorce under Maryland divorce laws. In a manner of speaking, forcing spouses to remain married is like a form of slavery. However, slavery has been abolished in the United States. A person cannot be forced to remain married. If you find yourself in this situation and need a divorce (even though your spouse is opposed), call us here at the Law Office of Robert Castro at (301) 870-1200. We are family law attorneys and divorce attorneys in Waldorf, Maryland. We have the skills and experience needed to get your divorce over the opposition of your spouse.

That being said, a Maryland divorce is much more complicated when one spouse does not want a divorce. To begin, a person seeking a divorce must have a reason for seeking a divorce. There are two “no-fault” reasons — divorce by mutual consent and divorce because the spouses have been “separated” for 12 months. When one spouse refuses to get divorced, then, of course, divorce by mutual consent is not an option. Using the other no-fault reason — being separated for 12 months — is obviously difficult. Setting up two households is expensive and difficult, and living under the same roof, but sleeping in different rooms is even worse. There are some practical steps that can be taken. Seeking a consultation with experienced divorce lawyers in Waldorf can help.

A spouse can seek an immediate divorce based on some of the Maryland “for-fault” grounds for divorce. These include adultery and cruelty/abuse. There are other Maryland for-fault grounds for a divorce, but these have waiting periods and do not readily apply to a situation where one spouse is seeking a divorce, and the other is opposed. Thus, a criminal conviction is a for-fault grounds for divorce, but the other spouse must be imprisoned for at least 12 months before a complaint for divorce can be filed. Which options are available and which are best can be evaluated by your seasoned Waldorf, MD, divorce attorneys.

Aside from choosing the best Maryland grounds for a divorce, other complications occur when one spouse is opposed to the divorce. Obviously, the Maryland divorce will be a contested divorce. Likely, the resisting spouse will also refuse to cooperate. This will add time and expense to the divorce, but the divorce will happen. Further, procedurally, it may take extra time and effort to serve the divorce papers on the resistant spouse. Generally, before a Waldorf, Maryland, divorce court can dissolve the marriage, both spouses must be under the power and jurisdiction of the divorce court. The spouse that files for divorce volunteers to be under the power and jurisdiction of the court, but the other spouse must receive a copy of the divorce papers. This is called the service of summons and the divorce complaint. Generally, the service of summons must be done via face-to-face hand-delivery. With a resistant spouse, that spouse may make efforts to avoid being served with the summons and the divorce complaint. Usually a summons and the complaint are delivered by a County Deputy Sheriff. But, if a spouse refuses to answer the door, the summons/complaint cannot just be left in the mailbox. Eventually, a special process service can be appointed and that will usually be sufficient to bring the resistant spouse under the jurisdiction of the court. But, as one can imagine, this will add extra time to the divorce proceedings.

Despite any efforts made by a spouse opposing a divorce, the divorce will eventually happen. It must also be noted that Maryland divorce courts take a very negative view of spouses that aggressively try to prevent a divorce from being finalized. Such spouses tend to get “hammered” by the divorce court in terms of alimony, marital property division, etc.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.