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Can you change an uncontested divorce case to contested?

Millersville, MD |

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?

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Attorney answers 2


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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


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.

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