Divorce laws vary by state, but in general, a spouse may file for divorce whether or not their partner agrees. In the state of Maryland, it only takes one spouse to file for divorce, and it can proceed even if the other spouse does not agree to the divorce.
What is a No-Fault Divorce?
In a “no fault” divorce, neither party alleges that the other did anything to cause the divorce, they simply decide that they no longer wish to be married. To file for divorce, the parties need to have been separated for at least six-months, living in separate homes without sexual intimacy, or they can file for a Mutual Consent Divorce, as we explained in a recent blog post here.
What Happens When One Spouse Files for Divorce?
When one party files for divorce, the other party is required to file an Answer to the Complaint. If the person chooses to not file an Answer, the court can enter an Order of Default against the Answering party. The divorce case may then proceed regardless of the non-participating spouse’s involvement.
The spouse who filed for divorce must present evidence on issues such as:
- Grounds for Divorce
- Child custoday and visitation
- Child or spousal support
- Property Division
As long as one spouse wants a divorce and can support their case with evidence, the court will grant the divorce.
What To Do if Your Spouse Wants a Divorce?
If you find yourself in a situation where your spouse wants a divorce, but you do not, we recommend speaking with a divorce attorney. Your divorce attorney can guide you through your options and help you decide the best way to proceed. You should understand the risk of not participating in the divorce before proceeding in that manner. Ignoring the case will not make it go away.
Coping with Divorce
We also recommend seeking outside help to cope with divorce. Whether it is a trusted friend or a professional counselor, there are ways to help process your emotions and move forward with your life. Our team understands that divorce can be emotionally draining and we are here to support our clients throughout the process and afterward.
You don’t have to face divorce alone. Reach out to Wasserman White Family Law to speak with a compassionate Maryland divorce attorney who can help you navigate this difficult time with clarity and confidence.
**This post has been updated to reflect the changes to Maryland law made October 1, 2025.