Divorce can be a challenging time. A spouse may not be ready to accept the consequences of divorce, including the need to let go, whether of a relationship or of other marital assets, such as a residence. Spouses should be aware that, when they are subject to court orders, failure to comply with the court’s instructions may result in a finding of contempt of court. One of the best ways to protect yourself is to retain and rely upon a skilled Maryland divorce lawyer throughout the process.
A Montgomery County divorce from 2023 makes for a clear example of what can happen when a spouse fails to do what he agreed to do or what a judge ordered him to do.
In May 2023, the Circuit Court granted M.S. an absolute divorce from her husband, K.S. The court said that the husband could use the couple’s marital home temporarily and also gave the husband an option to buy out the wife’s interest in the house for “one-half of the appraised value, less the amount due on the mortgage.”
If the husband did not exercise the option by the court-established deadline, the spouses were required to retain a realtor and list the property for sale by September 1, 2023. The husband failed to exercise his rights under the buy-out option and refused to execute a listing agreement with the realtor. In early November, the spouses’ attorneys signed a consent agreement that modified the divorce judgment. Under the modified judgment, the husband agreed to list the home by December 5, 2023. The consent agreement also made the husband responsible for paying all homeowners’ association dues.
Two weeks later, the husband experienced regrets and filed a motion asking to withdraw from the consent agreement. The trial court denied the motion, and the husband did not appeal.
December 5, 2023, came and went. A year later, in December 2024, the wife filed a petition seeking a contempt finding against the husband. The wife contended that the husband had failed to pay the HOA dues or meet his other obligations under the agreement.
The judge concluded that the husband was in contempt. As punishment for his contempt, the husband lost his right to possess the house. The court’s order essentially presented him with two options: either (1) give the keys to the home to the court-appointed trustee and vacate the property within 10 days, or (2) vacate the property within 10 days and sign a power of attorney that gave the wife full authority to sign all contracts and documents necessary to sell the house.
The husband, who no longer had an attorney, argued that he could not be in contempt of court “because he ‘withdrew in spirit’ from the consent agreement.” That is not, however, how the law works in Maryland. The husband filed a valid motion to withdraw, and the trial judge entered a valid order denying the motion—an order the husband did not appeal. Under those facts, the husband’s intent to withdraw “in spirit” was irrelevant. He voluntarily entered into the consent agreement, and he never obtained valid court permission to withdraw from it. Therefore, regardless of the husband’s “spirit,” or his desire to withdraw, he remained fully obligated to comply with all the terms of the agreement.
The husband made another contention — that he “should have been allowed to withdraw from the consent agreement, or should not have been held in contempt, because of his ‘disadvantaged position and unfamiliarity with the legal process.’” That also is not how the law works. As the Appellate Court stated in a 1999 ruling, it “is a well-established principle of Maryland law that pro se parties must adhere to procedural rules in the same manner as those represented by counsel.” What readers may glean from that passage is that, you are in a “disadvantaged position” insofar as being unfamiliar with the legal process and procedures, the best way to protect oneself is to retain legal counsel (who is familiar with the legal process) to advocate for you.
If you find yourself navigating the often challenging process of a divorce, it pays to have an experienced legal representative on your side advocating for you. For any questions you have about your divorce, the knowledgeable Maryland family law attorneys at Anthony A. Fatemi, LLC are here to help. Our team has many clients navigate the process, including the distribution and division of assets. Contact us today at 301-519-2801 or via our online form to set up your consultation.