What If Your Spouse Refuses To Get Divorced in Maryland?

Ending a marriage is never simple, but the process can become even more difficult when one spouse refuses to participate. Whether it’s an outright refusal to sign papers or repeated delays and avoidance, this kind of resistance can cause confusion and frustration for the spouse who wants to move forward. Fortunately, Maryland law provides clear procedures that allow a divorce to proceed, even if one party is unwilling.

If you’re considering divorce and your spouse is not cooperating, here’s what you need to know about your rights and legal options in Maryland.

Maryland Is a No-Fault Divorce State

As of October 1, 2023, Maryland no longer requires spouses to prove fault to obtain a divorce. The updated law simplifies the process and allows individuals to seek an absolute divorce under one of three primary grounds:

• Six-month separation
• Irreconcilable differences
• Mutual consent

These updates mean you do not need your spouse’s approval or participation to end the marriage. If you meet the legal requirements, the court has the authority to grant a divorce regardless of whether your spouse agrees.

What Happens if Your Spouse Does Not Want to Get Divorced?

A common question we hear is, “Can I still get divorced if my spouse does not want to?” The answer is yes. 

Divorce is a legal process that does not require a mutual agreement, unless you are proceeding by way of an uncontested divorce with mutual consent and a signed agreement. Although your spouse needs to be informed about the divorce proceedings, their consent is unnecessary for the case to proceed.

Once you file for a contested divorce, your spouse must be properly served with the divorce petition. If they fail to respond within the required time frame, the court may issue a default judgment and eventually grant the divorce based on the information you provided.

What If Your Spouse Tries to Delay the Process?

Some spouses try to avoid divorce by refusing service, missing court dates, or filing unnecessary motions. These tactics may cause short-term delays, but they are rarely successful in the long run. Courts in Maryland are prepared to handle noncompliance and may:

• Proceed without the unresponsive party
• Enforce procedural deadlines
• Impose sanctions for bad-faith behavior
• Enter a judgment by default when appropriate

Having an experienced divorce attorney can help ensure that delays are minimized and that you remain in compliance with court requirements throughout the process.

What Happens When You Cannot Agree on Key Issues?

Even if your spouse participates in the case but refuses to cooperate on issues such as custody, property division, or spousal support, the court can still finalize the divorce. These are considered contested matters, and the judge will evaluate the facts, hear evidence from both parties, and issue rulings in accordance with Maryland law.

While mutual consent can streamline the process, it is not a condition for obtaining a 

divorce. When agreements are not possible, the court has the authority to decide unresolved issues after a hearing.

Taking the Next Step, Contact Rice Law Today 

If your spouse is unwilling to cooperate, it’s natural to feel uncertain about your next move. However, it is important to remember that Maryland law does not allow one spouse to block or indefinitely delay a divorce. You have the right to move forward, and there are legal mechanisms in place to protect that right.

At Rice Law, we guide our clients through challenging divorces with professionalism, clarity, and determination. If your spouse is resisting the divorce process, we can help you navigate the legal system and ensure your interests are protected every step of the way.

Contact us today to schedule a confidential consultation and learn how we can help you take the next step toward a new chapter.