Can you change an uncontested divorce case to contested?

I live in MD and my wife and I have been separated since 12/10. She filed the Complaint for divorce "uncontested" (and filed our signed/notarized separation agreement as well). She filed a day too early so I had to file an Amended Complaint (which was also uncontested). She filed her answer to the Amended Complaint but now she is filing contested. Can she do that? What will the process be now?

Millersville, MD -

Attorney Answers (2)

Howard M Lewis

Howard M Lewis

Divorce / Separation Lawyer - Framingham, MA

I am sorry that your marriage did not work out, mostly it is symantics in your state you cannot stop the divorce, the wording is mostly procedural but if you feel that you want to contest the issue, you may need a good reason.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
Keith R Havens

Keith R Havens

Divorce / Separation Lawyer - Rockville, MD

In Maryland, once parties have lived separate and apart, without cohabitation and without engaging in marital relations, either party is entitled to a divorce. It sounds as if that criteria has been met. Accordingly, a divorce is going to occur.

The question is what is your wife disputing. She is entitled to contest issues that are involved in the divorce (marital distribution, custody, etc.). However, you say that you have a separation agreement. Therefore, I would try to find out what the issue is and resolve it, if possible. Then she can amend her answer to indicate that it is uncontested.

Please be advised that any information or advice given herein does not constitute an attorney client relationship.... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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Uncontested divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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