Why Would a Divorce Be Denied?

Did you know that in recent years, we had 2.4 divorces per every one thousand Maryland inhabitants? These figures are a significant decrease from 3.4 divorces a few decades ago, but many divorces continue to go through the system. Can you expect that the courts will automatically grant every divorce case filed with them? Definitely not.

Maryland family courts do reject some divorce petitions for different reasons. Your petition could be for an absolute divorce, which legally dissolves your marriage, settles every issue, and allows you to remarry. It could also be for a limited divorce that settles matters like child custody and property but doesn’t dissolve your marriage, allowing you to remarry.

So, read on to learn why the courts may reject a divorce application. Eventually, you will be better situated to know how to avoid those bottlenecks when filing for a divorce. You should always consult with an experienced divorce attorney who can increase your chances of a successful case.

Bases for Divorce

Maryland courts require sufficient evidence proving your grounds for divorce before granting the divorce petition. Insufficient evidence or presenting false information can result in the denial of your case, as well as other possible legal problems. Below are valid grounds for absolute and limited divorce in Maryland.

Limited divorce

  • Mutual agreement to separate
  • Abandonment
  • Intolerable brutality 

Absolute divorce

  • Mutual consent to divorce
  • Adultery
  • Insanity
  • Your spouse is convicted of a felony

Reasons for a Divorce Petition Rejection

So, what could make a judge deny you a divorce when you have legal grounds to divorce your spouse? Here are the leading reasons for the denial.

  • Pending child-related matters – Children are delicate and innocent victims that can be caught in a marital crossfire. Thus, the courts can deny you a divorce if the judge is convinced you haven’t sorted all your kid’s custody issues.
  • Not proving at-fault divorce – If you stated fault-based grounds for divorce, such as adultery, and you failed to sufficiently support these claims with evidence, the court can deny your divorce.
  • Fraud – Some spouses might be tempted to use false or fraudulent information to gain a wrongful advantage in a divorce, which can lead to the denial of the case. 

A Maryland judge can also deny a divorce on technical grounds. Some of the procedural mishaps are:  

  • Not meeting the residency requirements to file for a divorce in Maryland
  • Missing an essential court form in your petition
  • Inadequately serving your spouse with divorce papers
  • Providing insufficient information in your petition regarding why you intend to share property or parenting time in a given way

The court will also not finalize your divorce if one or more issues in the case remain unresolved. You must determine how to resolve all relevant issues – or let the court do so – before you can have a successful case.

Seek Help from a Maryland Divorce Attorney

Getting a divorce is a complex process, and many things can go wrong, or complications arise that can jeopardize your case. Fortunately, a Maryland divorce attorney can help you through the legal complexities and guide you to a successful resolution whenever possible.

Contact our office today.