HOW TO FILE FOR DIVORCE – MARYLAND
(This article by family law attorney in Bethesda is intended to provide general information regarding how to file for divorce in Maryland, the divorce process in MD, and filing for divorce in MD).
Contested vs. Uncontested Divorce Process in Maryland
The complexity and length of time for completing the divorce process in Maryland depends primarily on whether you are opting for uncontested divorce based on a written separation agreement that resolves all of the issues pertaining to your divorce including, but not limited to, division of marital assets, alimony (or lack thereof), and child custody and child support (if you have a child or children with your spouse), or those issues have to be resolved and decided by the court through litigation.
Divorce by Mutual Consent
Maryland laws allow married couples to file for divorce while they live together provided that they meet the requirements for obtaining a divorce under the ground of Mutual Consent. This significantly reduces the length of time necessary to finalize your divorce, the legal and attorney’s fees, and legal costs. As of October 1, 2023, Maryland laws further allow married couples to file for divorce while they live together based on irreconcilable differences.
If you have a written separation and property settlement agreement and can meet the requirements of Mutual Consent or irreconcilable differences (beginning October 1, 2023) you can expect to finalize your divorce in a matter of weeks. Without a written agreement, the length of time to finalize your divorce will depend on how many unresolved issues remain between you and your spouse, the complexity of those unresolved issues, and your grounds for divorce. Keep in mind that you do not have to file for divorce before you can start negotiating, reaching and/or signing a separation agreement.
How to file for Divorce in Maryland
In Maryland, the legal process of obtaining a divorce starts with one of the parties filing a complaint for divorce (depending on your case you may have to file a financial statement with the court as well). The Circuit Courts in Maryland also have an Information Report that should be filled out and filed with the court along with the complaint for divorce. After the proper filing of the complaint for divorce, the court issues a writ of summons.
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Service of Process in Maryland
The party who filed for divorce, the plaintiff, is then required to serve the other party with the complaint for divorce and the accompanying documents and the writ of summon that is issued by the court. There are rules and regulations regarding the service of process that should be strictly adhered to including, but not limited to, the requirement that the plaintiff cannot be the person who serves the defendant spouse.
Defendant’s Answer to Complaint after Service of Process
Upon completion of the service of process on the defendant, s/he will have to file an Answer to your complaint for divorce (and file their own Information Report and financial statement if required). Depending on where the defendant was served (whether served in Maryland, another U.S. State, or a foreign country), there are different time requirements for the defendant to file his/her Answer with the Court. But if the defendant fails to file a timely Answer, they could be subject to a default order and/or default judgment which means that the Court will make decisions without the defendant’s input and/or participation in litigation. I would be remiss if I did not mention that the Courts are more lenient in child custody cases toward the defendants who are technically in default because the standard for determining the custody of minor children in Maryland in “the best interest of the child,” which could mean that the Court could hear from a defendant in default in a child custody case.
“Discovery” Process in Maryland family law Cases
In addition to the service of the complaint for divorce and writ of summons, the plaintiff can serve the defendant with “discovery,” which are legal tools to obtain documents and information from the defendant and third parties. However, discovery does not have to be served along with the complaint for divorce and writ of summons and it can be done at the later stages of litigation so long as it is within the deadlines set by the court at your Scheduling Hearing. The defendants are also entitled to conduct discovery once they are served with the court documents, regardless of the whether the plaintiff serves the defendant with discovery or not. There are many discovery tools such as interrogatories, request for production of documents, request for admissions, depositions, depositions duces tecum, etc. that our family law attorneys use to collect information and documents to build a case for trial. These discovery tools are not available without first opening a case in a Maryland Circuit Court.
Contested family law and divorce cases
Depending on the unresolved issues (if you do not have a separation and property settlement agreement), you can expect to have a few or several hearings and trials if those issues are not resolved by agreement during the pendency of your case. In many cases, the parties settle their unresolved issues during the pendency of their litigation. If they are not resolved by agreement, then you will have to appear in Court, offer testimony, documents, and witnesses, and try to persuade the Court to rule in your favor. Even if all the issues are resolved by agreement, depending on the grounds for divorce, at least one party or both have to appear for their final divorce hearing before the Court enters a judgment for divorce if you prove to the court’s satisfaction that you meet all the elements of obtaining divorce in Maryland. And please be mindful of the fact that the courts in Maryland are unlikely to enter a judgment of absolute divorce without first having resolved any child custody, visitation, and child support issues.
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Kamkari Law – Family Law Attorney in Bethesda & Rockville
10411 Motor City Drive, Suite 750, Bethesda, Maryland 20817
301-309-9002
ask@kamkarilaw.com
Member of Maryland Bar
