What Should You Do if Your Spouse Refuses to Divorce?
Divorce is often one of the most emotionally and financially challenging experiences in a person’s life. When both spouses agree to move forward, the process can be relatively straightforward.
However, when one spouse refuses to participate or intentionally delays proceedings, it can cause confusion, frustration, and uncertainty. If you are facing this situation in Maryland, understanding your legal rights and options is the first step toward moving forward.
A Spouse Cannot Permanently Prevent a Divorce
Many individuals worry that if their spouse refuses to sign the divorce papers, they may be unable to obtain a divorce. In Maryland, this is not the case. A spouse cannot permanently prevent or block a divorce simply by refusing to agree. While an uncooperative spouse can slow the process, they cannot stop it entirely.
Maryland recognizes both “limited” and “absolute” divorces. A limited divorce addresses issues such as support and custody but does not legally end the marriage, while an absolute divorce fully dissolves the marriage. Even when one spouse refuses to participate, an absolute divorce can still be granted once the proper procedures are followed.
Legal Steps to Take When a Spouse Refuses to Cooperate
When a spouse refuses to cooperate, several legal steps can help you continue moving forward. The first and most important step is to ensure proper service of process. Maryland law requires that your spouse receive official notice of the divorce filing. This typically involves serving them with the necessary documents in person or through certified mail. If your spouse actively avoids being served, the court may allow alternative methods such as service by publication, ensuring the process is not stalled.
If your spouse still fails to respond after being served, you may request a default judgment. This means the court can issue a ruling without their participation. In these cases, it is critical to provide complete and accurate documentation of all relevant matters—such as income, assets, debts, and parenting arrangements—so the court has the necessary information to make a fair decision.
In some instances, a spouse may appear in court but refuse to agree on any terms. When this happens, the case becomes a contested divorce. A contested divorce may require multiple hearings and possibly a trial, where a judge will decide on issues such as alimony, property division, and child custody. Although this process may take longer, the court’s ruling will be legally binding regardless of one spouse’s refusal to cooperate.
Protecting Your Emotional and Financial Well-Being During Divorce
Emotionally, consider seeking support through counseling or a divorce support group. Having a neutral professional or community to share your experiences with can help reduce stress and maintain your mental clarity. Surround yourself with trusted friends or family members who can provide encouragement and guidance as you navigate each step of the process.
Financially, begin gathering all relevant documents such as tax returns, pay stubs, bank statements, and property records. Understanding your full financial picture is essential for ensuring that your interests are represented in court. Avoid making significant financial decisions, such as selling assets or taking on new debt, without first obtaining legal advice.
It is also helpful to keep a detailed record of communications and actions related to your spouse’s refusal to cooperate. This documentation can serve as valuable evidence if disputes arise in court regarding delays, compliance, or behavior.
Frequently Asked Questions
How long does a default divorce take in Maryland?
The timeline can vary depending on court schedules and whether all procedural requirements are met. Typically, if your spouse does not respond within 30 days of being served, you may request a default judgment and proceed toward finalization.
What happens if my spouse hides to avoid being served?
If your spouse cannot be located or is deliberately avoiding service, Maryland law allows alternative service methods, such as through certified mail or publication. Once the court approves these methods, the case can continue.
Will I still have to appear in court if my spouse refuses to participate?
In most cases, yes. Even if your spouse does not respond, you may need to attend a brief hearing to confirm your request for divorce and present any necessary evidence or documentation.
Annapolis Divorce Lawyers at Oliveri & Larsen Help You Get a Fresh Start
If your spouse refuses to participate in your divorce, you do not need to face the situation alone. Speak with the Annapolis divorce lawyers at Oliveri & Larsen today. Contact us online or call us at 410-295-3000 to schedule your consultation with our experienced team. Located in Annapolis, Maryland, we proudly serve clients statewide.