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THE HEARING

Only the spouse who filed the Complaint needs to appear at the hearing. However, the Answering spouse may also attend. It is probably preferable for both spouses to appear. Bring a copy of your marriage license to the hearing and offer it to the court at the beginning of your hearing. If you have a Separation agreement, you should bring that also and ask that it be incorporated into your Judgment of Divorce. You must bring a witness to the hearing. You can not get divorce without a qualified witness.

QUALIFIED WITNESS

A qualified witness is a person who is more than 18 years old and who knows BOTH parties, the husband and the wife.

  • – must know each of the parties
  • – must know the age of each party
  • – must know that the parties were married
  • – must know how long each party has resided in Maryland CONTINUOUSLY
  • – must know the date that the parties are separated, (living in separate homes)
    • must know that the separation has been continuous and uninterrupted,
    • that the parties have not slept together since the separation,
    • that the parties are separated with the intention to divorce
  • – if there are children, the witness must know the names and ages of each child
  • – if you are asking that the court make any ruling with respect to child custody, then your witness must be able to testify that the parents are fit and proper parents.

QUESTIONS THAT YOU WILL BE ASKED AT THE HEARING FOR A DIVORCE ON THE GROUND OF A ONE YEAR SEPARATION

  • What is your name and address?
  • How old are you?
  • How long have you continuously lived in the State of Maryland?
  • Are you married?
  • To Who?
  • How old is your spouse ?
  • What date were you married?
  • Where were you married?
  • Did you have any children?
  • What are their names and ages?
  • Did you separate? What date did you separate?
  • Has that separation been continuous and uninterrupted?
  • Have you slept with or cohabited with your spouse, for even one night, since your separation?
  • Are you separated with the intention to get a divorce?
  • Is there any reasonable hope or expectation of reconciliation?

QUESTIONS THAT YOUR WITNESS WILL BE ASKED AT THE HEARING

  • What is your name and address?
  • How old are you?
  • What is your relationship to the parties?
  • Do you know each of the parties?
  • How old is the husband How old is the wife?
  • are you?
  • How long has the moving party lived continuously in the State of Maryland?
  • How do you know that the parties are married?

    Suggested possible answers include: They lived together, had children together, told people that they were married, I was at the wedding…. ?

  • Did they have any children?
  • What are their names and ages?
  • Did there come a time when the parties separated?
  • What date did they separate?
  • Has that separation been continuous and uninterrupted?
  • To the best of your knowledge have they slept with or cohabited together, for even one night, since your separation?
  • Are they separated with the intention to get a divorce?
  • Is there any reasonable hope or expectation of reconciliation?

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