Reconciliation as a Defense to Divorce
rec·on·cile
| v. rec·on·ciled, rec·on·cil·ing, rec·on·ciles v. tr.
v. intr.
|
In Maryland, reconciliation is sometimes raised as a defense to a divorce.
An actual reconciliation stops the one year period of separation required for desertion, voluntary and involuntary separation grounds.
It used to be that an offer of reconciliation, which was rejected, could also be a defense, and could turn the deserted party into the deserter.
Section 7-104 of the Family Law Article now provides that neither an offer, attempt nor a refusal of reconciliation, in and of itself, is a defense or a bar to a divorce.
The grounds for divorce of desertion and voluntary separation require proof that there is no reasonable expectation of a reconciliation. So the court may still consider attempts to reconcile in that context as well as in the context of fault for alimony and property distribution.
Tags: Defenses to Divorce, desertion, fault, Proof, reconciliation, separation
Related posts:
