Legal Question in Family Law in Maryland

Once a divorce is filed at the courts, is it too late not to contest the divorce as to not go to trial, just sign the papers!


Asked on 11/25/13, 7:18 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If the divorce is consensual and there are no related issues (children, property, etc) or they have been resolved, the parties can file a joint line advising the court that the divorce is uncontested. The family division clerk can provide you with this form. It will then be sent to a Master, or whoever in your county hears uncontested divorces, for a summary hearing. However, the plaintiff must still prove all of the elements of the divorce including presenting the testimony of a corroborating witness as to the residency of either of the parties, the length of the separation if that is the grounds for divorce, and that there was no resumption of cohabitation during the separation period. The plaintiff must bring the marriage certificate to the hearing, and any written separation agreement if there is one. The defendant doesn't have to attend the hearing. If the hearing officer finds from the evidence presented that all the requirements for granting a divorce have been satisfied, they will issue a recommendation which will then be sent to an actual judge who will sign a judgment of divorce that will later be sent to the parties.

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Answered on 11/25/13, 8:17 am


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