One of the most common questions people ask is, "What happens after I decide to file for divorce?"
While every case is unique, most divorces in Maryland follow a similar legal process. Understanding each stage can help you prepare for what lies ahead and reduce some of the uncertainty that often accompanies divorce.
Below is a general overview of the steps involved in a Maryland divorce.
Step 1: Meet With a Family Law Attorney
Although you are not required to hire an attorney, consulting with an experienced Maryland family law attorney before filing can help you understand your rights, identify potential issues, and develop a strategy that aligns with your goals.
During an initial consultation, you may discuss:
Your family situation
Your children
Your finances
Property and debts
Possible custody arrangements
Support issues
Whether your case is likely to be contested or uncontested
Preparing for these discussions early can often save time and expense later in the process.
Step 2: File the Complaint for Divorce
A divorce case begins when one spouse files a Complaint for Divorce in the appropriate Maryland Circuit Court.
The Complaint generally identifies:
The parties
The basis for the court's jurisdiction
The grounds for divorce
Whether there are minor children
The relief being requested, such as custody, child support, alimony, property distribution, attorney's fees, or restoration of a former name
Once filed, the court assigns a case number and the case officially begins.
Step 3: Serve the Other Spouse
After filing, the other spouse must be formally served with the divorce papers.
Service ensures that the other party receives legal notice of the case and has an opportunity to respond.
Depending on the circumstances, service may be completed through:
A private process server
The sheriff
Certified mail (when permitted)
Another method authorized by the court
If a spouse cannot be located despite diligent efforts, additional legal procedures may be available.
Step 4: The Other Spouse Files an Answer
After being served, the responding spouse generally has a limited amount of time to file an Answer with the court.
The Answer allows that spouse to:
Admit or deny allegations
Raise defenses
Request relief from the court
File a Counter-Complaint if appropriate
If no response is filed within the required time, the filing spouse may be able to request additional relief from the court, depending on the circumstances.
Step 5: Temporary Issues
Some families cannot wait until the final divorce hearing to resolve important issues.
Either party may ask the court to address temporary matters such as:
Temporary child custody
Parenting schedules
Child support
Use and possession of the family home
Payment of certain household expenses
Other appropriate temporary relief
These temporary orders remain in effect until modified or until the court enters a final judgment.
Step 6: Exchange Financial Information
Each party is generally required to provide financial information relevant to the issues before the court.
This may include:
Income
Bank accounts
Retirement accounts
Investments
Debts
Real estate
Business interests
Monthly living expenses
Complete and accurate financial disclosures help ensure that decisions regarding support and property division are based on reliable information.
Step 7: Discovery
In contested cases, the parties may conduct discovery to obtain additional information.
Discovery tools may include:
Interrogatories
Requests for Production of Documents
Requests for Admission
Depositions
Subpoenas to third parties
Discovery allows each side to evaluate the strengths and weaknesses of the case before trial.
Step 8: Settlement Discussions or Mediation
Many divorce cases resolve before trial.
Settlement may occur through:
Attorney negotiations
Mediation
Settlement conferences
Informal discussions between the parties
Resolving disputes outside of trial can often reduce costs, shorten the length of the case, and provide the parties with greater flexibility in reaching solutions.
Step 9: Trial
If the parties cannot resolve all disputed issues, the case proceeds to trial.
During trial:
Witnesses testify under oath.
Documents and other evidence are introduced.
Each party presents legal arguments.
The judge decides the unresolved issues.
Depending on the case, the court may decide:
Child custody
Parenting time
Child support
Alimony
Division of marital property
Attorney's fees
Other contested matters
Step 10: Final Judgment of Divorce
After considering the evidence, the court issues a final Judgment of Divorce.
The judgment sets forth the parties' legal rights and responsibilities and resolves the issues before the court.
Depending on the circumstances, either party may have post-judgment rights or obligations, including compliance with court orders or seeking modification of certain provisions if circumstances change in the future.
How Long Does the Divorce Process Take?
There is no single answer.
The timeline depends on many factors, including:
Whether the divorce is contested
The complexity of the issues
The court's scheduling calendar
The parties' willingness to negotiate
The amount of discovery required
Some divorces resolve relatively quickly, while others involving significant disputes may take considerably longer.
Attorney's Practice Tip
One of the most effective ways to reduce both stress and legal expenses is to stay organized. Maintain copies of all court filings, financial documents, emails, text messages, and other records related to your case. Keeping accurate records can help your attorney respond efficiently to issues as they arise and may strengthen your position during negotiations or trial.
Next Step
Now that you understand how a divorce case progresses through the Maryland court system, the next step is learning how courts make decisions involving children.
Continue to: Child Custody in Maryland: Understanding Legal Custody, Physical Custody, and the Best Interests of the Child