What Is A Corroborating Witness in Uncontested Divorce Proceedings? And Why Do I Need One
When spouses decide to separate and have no issues of dispute between them, they will seek an uncontested divorce. An uncontested divorce is usually filed on one-year separation grounds. Even in these situations, the plaintiff must still prove that grounds for divorce exist. Maryland law requires that the plaintiff still have a corroborating witness at the hearing. This witness must be able to testify that the plaintiff and defendant have lived separate and apart without cohabitation and without the resumption of the marital relationship (including sexual relations) for one year.
It helps if your potential witness has been to your house, seen that your spouse no longer lives there, and is someone who knows you well enough that you would have shared with them the resumption of marital relations if that had occurred. If you don’t have your witness at the hearing, you won’t get your divorce.
At McCabe Russell, PA, we have an established reputation as assertive and confident negotiators and litigators, offering legal guidance designed to eliminate any of our clients’ worries and confusion. We are experienced family law attorneys in Howard and Montgomery County, but we serve clients throughout Maryland. Read more about McCabe Russell, PA.