Legal Question in Family Law in Maryland

time frame for divorce

I have been waiting (it will be 2 yrs in Feb) to get a divorce (because of disputes about child support & property). My wife left me and our 2 children (11 and 8)in Feb. 2000 and moved in with another man. She was supposed to pay child support and I am taking that to Social Services because she is not paying. A hearing was set for March 11, 2002, and now she is going to ask for an extension because she is pregnant and the hearing is within 1 week of her due date. I do not want to be married to her when she has this baby (not mine). I have no doubt that she did this to manipulate the system and to prolong this case and possibly avoid pay child support because of an additional baby and not working. Can I get a divorce now and handle the remaining issues in court afterward?


Asked on 1/31/02, 9:39 am

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: time frame for divorce

If she asks for a continuance because of the pregnancy, you can file a response opposing the continuance on the ground that she can appear in court on March 11 more easily than she could any reasonable time after the birth of the baby. The judge might deny the continuance, and then you will need to prepare for court and hope the baby isn't born early (no judge will refuse a continuance if she is in labor). It is also possible to get the divorce on March 11 and ask the judge to reserve on the property issues for a period of time, but after two years, if you and she haven't reached an agreement, you might as well go ahead and litigate them and let the judge make a decision. Apparently child support has already been determined, but the amount of child support will be subject to change after her baby is born. Child support can always be modified when there is a "material change of circumstance" such as the birth of another child, so there really is no reason to delay the divorce because of her pregnancy.

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Answered on 1/31/02, 2:19 pm


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