You Have to Testify to Get Divorced
Monday, July 6th, 2009In an uncontested divorce case in Maryland, the plaintiff needs to appear in court to testify. The Court of Appeals once issued a rule that allowed for summary judgment in divorce cases so no one would have to appear. However, the Legislature felt that divorce should be treated as a more serious matter, and so it passed the following law in 1984:
Oral testimony required for final decree. In an action for alimony, annulment, or divorce, a final decree may not be entered except on oral testimony by the plaintiff in a hearing before an examiner or a master or in open court. MD Family Law Article, Section 1-203(c).
The defendant need only appear if he or she wants to do so. You will need to bring a witness with you to corroborate the facts of your divorce.
