Are there any defenses to a divorce action?

Yes, there are certain defenses to a divorce action in Maryland. Generally, the court requires that the party bringing the complaint, known as the petitioner, prove that the marriage is irretrievably broken. However, if the other spouse, known as the respondent, has a defense to the divorce claim then the court will listen to this argument. Common defenses to a divorce action in Maryland include: Residency requirements, if the responding spouse lives in a different state; Fraud or misrepresentation, if the petitioner lied about something material to the marriage; and Lack of mental capacity, if either spouse was unable to understand the nature of the marriage. In Maryland, a petitioner has to prove that the marriage is irretrievably broken and that other defenses cannot be raised. This means that if a respondent can prove that the marriage is not irretrievably broken, the court can refuse to grant the divorce and the marriage remains valid. The court may also consider “alternative dispute resolution” such as mediation and counseling to try to save the marriage. If it appears that the marriage could possibly be rescued, the court may order the parties to attend counseling sessions or enter into mediation to try to resolve the issues. If the couple is able to come to an agreement, the court may agree to dissolve the marriage. In some cases a court may also award the respondent legal costs if the respondent proves that the petitioner’s divorce action was groundless or unwarranted. This is an important defense to keep in mind and many people choose to seek legal counsel before filing for divorce in Maryland.

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