Divorce Question

[Rick069]

In the state of Maryland, can my wife divorce me without my knowlege? Can she finalize a divorce without any sort of a signature on my part? We have been living apart for 3 years now because of my depression diagnosis, can't really remember if it was mutual or not because of all the meds I was on and the shock treatments and stuff. Anyway, we are still legally married with a 3 year old child I also haven't seen in that amount of time. I did receive a letter in the mail from her lawyer on March 14 of last year, but haven't heard anything from him since then.

 

[panzertanker]

In the state of Maryland, can my wife divorce me without my knowlege? Can she finalize a divorce without any sort of a signature on my part? We have been living apart for 3 years now because of my depression diagnosis, can't really remember if it was mutual or not because of all the meds I was on and the shock treatments and stuff. Anyway, we are still legally married with a 3 year old child I also haven't seen in that amount of time. I did receive a letter in the mail from her lawyer on March 14 of last year, but haven't heard anything from him since then.

As far as I can tell, she divorced you "in absentia" for desertion.

DESERTION AND ABANDONMENT

For all practical purposes, desertion and abandonment are one and the same. .There are two elements that have to be present in order to constitute desertion: the willful desire or the intent to desert and the cutting off of the marital relationship. In Maryland, the abandonment has:

continued for 12 uninterrupted months;

must be deliberate and final;

beyond any reasonable expectation of reconciliation.

You were not there, petition for divorce was made then granted.
I believe. Anyone else?

 

[Rick069]

Well at the time it was understood that I would move in with my parents until I got better because of the child. About a year after I started living here, she tells me she wants a divorce with no indication of any trouble in the marriage before I moved in. As far as I knew, everything was great until she told me of the breakup.It was completely out of the blue. Jeez, her family used to call me while I was in the hospital and they told me nothing either. Anyway, before I moved there was an understanding that we would get back together. Checked with the Curcuit Court clerk in our state and nothing has been filed under her maiden name or married name or lawyers name.

 

[LdiJ]

Well at the time it was understood that I would move in with my parents until I got better because of the child. About a year after I started living here, she tells me she wants a divorce with no indication of any trouble in the marriage before I moved in. As far as I knew, everything was great until she told me of the breakup.It was completely out of the blue. Jeez, her family used to call me while I was in the hospital and they told me nothing either. Anyway, before I moved there was an understanding that we would get back together. Checked with the Curcuit Court clerk in our state and nothing has been filed under her maiden name or married name or lawyers name.

Why don't you just ask her whether or not she divorced you?...However yes, it is possible that she could have gotten a divorce without your knowledge (not terribly likely, but possible)...and she certainly could have gotten one without your signature.

 

[panzertanker]

I did receive a letter in the mail from her lawyer on March 14 of last year, but haven't heard anything from him since then.

And what did that letter, 13 months ago, state?

Dude, you may be depressed, may have gone through ECT, may be having a tough time, BUT, you need to either:
1. get help from your mom or other responsible person
2. ask for help from your therapist (I truly hope you ARE in therapy)
3. get your head out of the sand and smell the coffee

You choose, but if you do not do one of the above, life will pass you by; including your child's life.
That would be a shame.....

 

[panzertanker]

Why don't you just ask her whether or not she divorced you?...However yes, it is possible that she could have gotten a divorce without your knowledge (not terribly likely, but possible)...and she certainly could have gotten one without your signature.

It would appear that a task like that may be too overwhelming for the OP....

He needs to get help ASAP, or he is going to miss out on child's life too.