Husband Contends Trial Court Improperly Granted His Wife A Divorce

In the case of Besche v. Besche, the husband appealed the trial court’s decision to grant the couple an absolute divorce. The husband filed a pro se appeal in which he asked the appeals court “to reverse the judgment of divorce”. He argued that the trial court “improperly awarded a judgment of absolute divorce to the former wife “despite the fact that [had been] 100% loyal to, and supportive of [his] wife in every way imaginable during their thirty-plus years of marriage.” The husband alleged that the former wife’s pursuit of a no-fault divorce was motivated by the desire to deprive him of her estate under the terms of their antenuptial agreement. He characterized her motivations as “fraud.”

Despite this, the court granted the judgment of divorce to the parties based on the fact that they had been separated for more than a year. The husband asked the appeals court to determine whether or not the trial court erred as a matter of law when it granted the Judgment of Absolute Divorce.

Background of the case 

The former husband and wife were married in 1991 after entering into an antenuptial (prenuptial) agreement. The agreement provided that the parties renounce all rights to each other’s present or future property; that in the event of divorce, the parties waive all claims to spousal support or monetary award as an adjustment of the equities; that there shall be deemed no marital property; and neither party would have any claim whatsoever to the other party’s estate unless they were married at the time of death.

The spouses lived together as husband and wife until the wife moved out of the marital home in January 2013. They continued to associate, however, and the former husband would frequently stay over at the wife’s house.

On June 6, 2022, the former wife filed a Complaint for Absolute Divorce on the grounds of a one-year separation. She asked the court to uphold the terms of the antenuptial agreement. The husband’s attorney filed an answer consenting to the divorce on June 9, and an uncontested divorce hearing was scheduled for September 15.

On September 8, 2022, however, the former husband filed a motion to postpone the hearing because he had rejected the settlement agreement. He wrote to the court to withdraw his consent for the divorce, asserting that he had given consent under duress from his attorney. In his address, the husband accused the wife of fraudulently pursuing a no-fault divorce, “solely for the purpose of depriving him of a valuable possession (her multi-million-dollar estate) that he would inherit if she predeceased him during the marriage.

Ultimately, the appeals court found no cause to overturn the trial court’s decision on the matter and granted the wife her absolute divorce.

Talk to a Maryland Divorce Lawyer Today 

The Bel Air family lawyers at Schlaich & Thompson, Chartered represent the interests of Maryland residents who are pursuing a divorce. Call our office today to schedule an appointment, and we can begin discussing key elements of your divorce such as equitable distribution, alimony, child custody, and child support.

Source:

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