Your spouse generally cannot stop a Maryland divorce by refusing to respond. Once your spouse has been properly served and the response deadline has passed, you may ask the court for an Order of Default and continue pursuing the divorce without their participation.
Does that mean the court automatically approves everything in your Complaint for Absolute Divorce? No. You will ordinarily still need to establish your right to a divorce and support the orders you are requesting.
How Long Does Your Spouse Have to Respond to a Maryland Divorce Complaint?
The deadline for filing an answer depends on where your spouse was served. A spouse generally has:
- 30 days to respond if served in Maryland
- 60 days if served in another state
- 90 days if served outside the United States
The clock usually begins when service is completed, not when you file the complaint. This makes proof of service particularly important.
Maryland requires formal service of the summons, complaint, and related documents. You generally cannot serve these papers yourself. If service was incomplete or performed incorrectly, the court may decline to enter an Order of Default even if your spouse knows about the case.
What Happens When Your Spouse Misses the Deadline?
If your spouse does not file an answer on time, you may submit a written request asking the Circuit Court to enter an Order of Default. The request must include your spouse’s last known address so the court can send notice of the order.
An Order of Default does not immediately end the marriage. It formally recognizes that your spouse failed to respond and allows the case to move toward a default hearing.
After the order is entered, the clerk sends notice to your spouse. Under Maryland Rule 2-613, your spouse generally has 30 days from entry of the order to ask the court to vacate it. The court will typically wait until that period has passed before entering a final judgment based on the default.
Can Your Divorce Proceed Without Your Spouse?
Yes. If your spouse remains unresponsive, the court can hold a default hearing without them. You must attend and present the testimony and documents needed to support your case.
Depending on the issues involved, the judge may need evidence concerning:
- The legal ground for divorce
- Marital property, debts, and requested monetary awards
- Alimony or child support
- Parenting time and decision-making authority
Default does not mean the court will simply grant every request in your complaint. A judge must still determine that the requested relief is supported by Maryland law and the evidence. When children are involved, custody decisions must serve their best interests, regardless of whether the other parent participates.
You should also be prepared for the possibility that the court will request additional financial records, testimony, or other documentation before issuing a divorce decree.
Can Your Spouse Ask the Court to Vacate an Order of Default?
Your spouse may file a motion to vacate the Order of Default. That motion should explain why no timely answer was filed and identify the legal and factual basis for disputing your claims.
The court may vacate the order if there is a substantial basis for a genuine dispute and it would be fair to excuse the failure to respond. A missed deadline therefore does not always keep a spouse out of the case permanently.
Challenges become more difficult after a final divorce decree has been entered, but they may remain possible in limited circumstances. Following each procedural requirement carefully can reduce avoidable delays and make the resulting judgment less vulnerable to challenge.
What if You Cannot Locate Your Spouse?
You cannot request a default merely because you do not know where your spouse lives. We may first need to make reasonable efforts to locate them and seek the court’s permission to use an alternative method of service.
A spouse who is intentionally avoiding service also does not gain permanent control over the case. Maryland procedure provides possible ways to move forward, but you must document your efforts and obtain any required court approval.
Keep Your Maryland Divorce Moving Forward
A nonresponsive spouse can slow down a divorce, but their silence does not have to leave you stuck. We can evaluate whether service was valid, calculate the applicable deadline, request an Order of Default, and prepare the evidence needed for your hearing.
Darin L. Rumer represents divorce clients in Rockville and throughout Montgomery and Frederick counties. Contact us today to discuss the unanswered complaint and take the next step toward completing your divorce.