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What if I don't have a witness for an uncontested divorce.
Anonymous2 views3 answers
she left me over a year ago and I filed for desertion. I lead a very private life and don't discuss my marriage with anyone so I don't have a witness. I do have emails from her council as well as recent emails from her indicating that she wants the divorce. She had a draft separation ageement prepared but I refused to sign since it was not mutual.
Robert A. StumpfBankruptcy AttorneyStaten Island, NY ·
If you want an uncontested divorce, you are going to have to work with her to sign her proposed agreement....maybe change it so it's more to your liking, but if you can't agree, it can't be uncontested.
You need to consult with a family law attorney who is licensed in Maryland.
You don't have to sign any agreement prepared by your wife.
Maryland has adopted divorce based on one-year of separation, regardless of fault. You do not need to seek an absolute divorce on the basis of desertion, but you must plead your ground of divorce in writing to the court. If you do not engage the services of an attorney, the clerk's office in the circuit court has forms that may pertain to your circumstances.
There is a mandatory corroboration requirement in Maryland law. A divorce cannot be granted based on your testimony alone.
You need to see a Maryland Attorney about amending the pleadings. If your case were here in Illinois, I would amend the pleadings to Irretreivable Martial Breakdown (no fault). Based on your statment that she is aware of the case and has an attorney, would approach her attorney and her about getting the divorce on Irretrievable Marital Breakdown with an agreement to use that as grounds. This would only dissolve the marriage. It would not deal with issues of property, support, debts, or custody. You didn't mention children, so I hope there are no custody or visitation issues and it is just getting the two of you to part fairly.