I won the first part of the case which was the custody and it was custody trial first. In another trial under the same case the divorce complaint was dismissed by the judge because my wife doesn’t have ground for divorce. Even though the case still open, she went and filed new complaint based on desertion in another county in Maryland. Can she file for new case while the existing case still open. The child support of the custody was not resolved, we pushed it to the final divorce case.

ANSWER

Whoever files for divorce must have a reason or a ground that is recognized by MD Law. To get a no-fault divorce you must be separated for at least one year mutually and voluntarily but there are other reasons/grounds for divorce. The Circuit Court for Montgomery County splits the cases in two (Called bifurcation) and resolves custody first and then the divorce case (and property issues) are resolved months later. In your situation, you should file a Motion to Dismiss her new Complaint in the other County and consult with a lawyer to determine if you have grounds to file for divorce now yourself. I would not rely on her Complaint for Divorce and you would be wise to file for divorce based on more than one ground. You can do this in the existing case. The good news is that she seems to really want to be divorced or she wouldn’t have filed in another county and therefore I may assume that the separation is mutual and voluntary and soon the Court will grant you a divorce.