Whether it’s been brewing for a while, or your spouse just surprised you with a request to end your marriage, divorce can be overwhelming. It's important to learn as much as you can about the process.
Anyone can perform a quick google search and discover a plethora of websites full of information on how to file for divorce without an attorney. In fact, you can find legal forms on state court sites as well. But, websites are no substitute for sound legal advice from a trained expert. If you have a straightforward case, with no children or property to divide, you may be able to file for divorce on your own. But in some circumstances, like with a contested divorce, or if your spouse hires a lawyer, it’s best to seek professional legal help.
You can file for divorce in Maryland if you meet the state’s residency requirements. In order to get divorced here, you'll have demonstrate that at least one spouse has lived in Maryland for a minimum of six months before filing.
The first step in filing for divorce is to submit a complaint for absolute divorce to the court in your county. A complaint is a legal document that contains essential information, like your name, address, wedding date, and separation date. You must also explain what issues you want the court to decide. Common divorce issues include property division, custody, child support, and alimony.
In many states, including Maryland, if you don’t ask for something in your divorce complaint, you may lose your right to request it later. For example, if you don’t tell the court that you may need spousal support from your spouse after the divorce, the court may deny your request later.
Once you file your complaint and pay the filing fee, you will need to serve a copy to your spouse, which typically requires personal delivery. You can ask a friend or family member to hand deliver the paperwork to your ex, or you can hire a professional process server to avoid conflict. Once the paperwork has been served, your spouse has 30 days to respond to the complaint by filing an answer with the court.
If your spouse doesn’t respond to the complaint, you can request a default judgment from the court, which is where a judge will grant your request for a divorce without hearing from the other side. You can make this request by filing a request for order of default.
Although divorce can be one of the most contentious legal procedures, few cases end up in trial. In fact, most cases settle outside of court. It can take many months of discovery, depositions, hearings, preparation and thousands of dollars in attorney's fees to get a case ready for trial. Many couples find it beneficial to try and negotiate a separation agreement and resolve all their issues to help shorten the process and reduce expenses.
A proper separation agreement will contain details on the following:
If either spouse disagrees with any term of the proposed agreement, the court can proceed with a contested divorce trial, meaning the judge will decide the legal issues for the couple.
Filing spouses must give the court a specific reason for the divorce—these reasons are referred to as legal grounds. In Maryland, divorcing spouses have the option of filing for a no-fault divorce or a fault divorce, which is based on the other spouse's wrongdoing.
One no-fault option is to file for divorce based on living separate and apart for a minimum of 12 months. If you’ve lived in different homes and you can prove it, the judge will grant your no-fault divorce.
Another option is to file a mutual consent divorce, but this option is only available to couples without children who are willing to execute a written settlement agreement that resolves all issues about alimony and property division.
If you don’t meet the requirements for no-fault divorce, you may pursue a fault divorce if you can demonstrate any of the following:
If you and your spouse don’t meet the requirements for an absolute divorce, you can pursue a limited divorce. Limited divorce—or, legal separation—is a way for the court to decide the same issues as an absolute divorce, like property division and custody, but in the end, the couple remains married. Some religions prohibit divorce, and in other cases, spouses rely on each other for financial support or medical benefits, and legal separation may be a better alternative than absolute divorce.
Maryland uses an equitable distribution method of dealing with marital property in a divorce, which means the court will divide a couple’s marital property (and debts) in a way that is fair based on the family's circumstances, but not necessarily equally between the spouses. To make a sound property division decision, the judge will evaluate many factors, like the length of the marriage, each spouse’s physical and mental health, and each spouse’s contribution to the marriage.
If you owned property before the marriage, or if you received a gift or an inheritance while you were married, the court will categorize this as your sole and separate property, and won’t divide it between you and your spouse.
Even if you and your spouse agree on all of your divorce-related issues, it may be worth your while to speak to a family law attorney, even if it's just for limited advice. Most divorcing spouses can benefit from consulting with a local and experienced divorce lawyer for any of the following:
Make sure the attorney you speak to is experienced in family law and practices in the location where you plan to file for divorce. Here are some tips to help you prepare for your first meeting with a divorce attorney.
