Navigating the Maryland Divorce Process: Steps and Considerations

Divorce can be an emotionally challenging and legally complex process. If you are considering divorce in Maryland, it is essential to understand the steps involved, the laws that govern divorce, and the key considerations that can impact your future. By being informed and prepared, you can make better decisions and protect your rights throughout the process.

In this blog, we will outline the steps of a typical divorce in Maryland and highlight important factors that you should consider.

Types of Divorce in Maryland: Limited vs. Absolute

In Maryland, there are two types of divorce: limited divorce and absolute divorce.

Limited Divorce: A limited divorce is similar to a legal separation. It does not end the marriage, but it allows the court to resolve issues such as child custody, spousal support, and property division while the parties live apart. It is often used when couples need immediate legal relief but do not yet meet the grounds for an absolute divorce.
Absolute Divorce: An absolute divorce is a permanent dissolution of the marriage. Once granted, the divorce allows both parties to remarry and settles all issues related to property, alimony, child custody, and child support.

Most individuals seeking to permanently end their marriage will pursue an absolute divorce.

Grounds for Divorce in Maryland

To obtain an absolute divorce in Maryland, you must establish legal grounds for the divorce. Maryland recognizes both no-fault and fault-based grounds for divorce.

No-Fault Grounds: In a no-fault divorce, neither spouse is blamed for the breakdown of the marriage. The two no-fault grounds are:
- Mutual Consent: Both parties agree to the divorce and have a signed settlement agreement that resolves all issues such as property division, alimony, and custody.
- Separation: The spouses have lived separately without cohabitation for at least 12 months before filing for divorce.
Fault-Based Grounds: These are specific reasons that place blame on one spouse for the breakdown of the marriage. Fault-based grounds include adultery, cruelty, desertion, and excessively vicious conduct.

Steps in the Divorce Process

The Maryland divorce process typically involves the following steps:

Filing the Complaint: The divorce process begins when one spouse files a complaint for divorce in the circuit court. The complaint must state the grounds for the divorce and outline any issues that need to be resolved, such as child custody or property division.
Serving the Complaint: After filing, the complaint must be served to the other spouse (the “defendant”). This can be done through personal service or certified mail.
Responding to the Complaint: The defendant has 30 days to file a response to the complaint if they reside in Maryland (60 days if outside the state, 90 days if outside the U.S.). If the defendant fails to respond, the court may grant a default judgment in favor of the filing spouse.
Discovery and Negotiation: During this phase, both parties gather information about each other’s financial situation, property, and other relevant issues. This is often done through the legal process known as “discovery.” Negotiations between the parties (or their attorneys) can also take place to resolve disputes without going to trial.
Settlement Agreement or Trial: If both parties can agree on all issues, they can draft a marital settlement agreement that outlines the terms of the divorce. If an agreement cannot be reached, the case will proceed to trial, where a judge will make decisions on issues such as child custody, alimony, and property division.
Final Divorce Decree: Once all issues are resolved, either through settlement or trial, the court will issue a final divorce decree. This document legally ends the marriage and outlines the terms of the divorce.

Key Considerations in a Maryland Divorce

When going through a divorce, it’s essential to carefully consider the following key issues:

Child Custody and Support: In Maryland, the best interests of the child are the primary concern in custody decisions. The court may award joint or sole custody based on several factors, including the child’s needs, the parent’s ability to provide care, and the child’s relationship with each parent. Child support is calculated based on Maryland’s child support guidelines, which consider the incomes of both parents and the needs of the child.
Property Division: Maryland is an equitable distribution state, meaning the court will divide marital property in a manner it deems fair but not necessarily equal. Marital property includes assets acquired during the marriage, regardless of who holds the title. Property acquired before the marriage or through inheritance may be considered separate property.
Alimony: Alimony, or spousal support, may be awarded to one spouse based on factors such as the length of the marriage, the financial needs and resources of each spouse, and each spouse’s ability to be self-supporting. Alimony can be temporary or permanent, depending on the circumstances.

Why You Need a Divorce Attorney

Navigating the Maryland divorce process can be overwhelming, especially when dealing with the emotional stress of ending a marriage. A knowledgeable divorce attorney can help guide you through the process, protect your legal rights, and ensure that you receive a fair outcome. Your attorney will help you negotiate agreements, advocate for you in court if necessary, and provide critical legal advice tailored to your specific situation.

At Raby Law Office, we understand the complexities of divorce and are committed to helping our clients navigate the legal process with confidence. We will work closely with you to address your concerns, protect your interests, and guide you through each step of the divorce process.

Schedule a Consultation Today

If you are considering divorce in Maryland, it’s important to have an experienced attorney by your side. Contact Raby Law Office today to schedule a confidential consultation with one of our skilled family law attorneys. We’ll review your case, discuss your options, and help you move forward with confidence.

Need some help? Let’s have a chat about your situation and see how we can help!