What to Expect From the Divorce Process in Maryland

 Posted on February 18, 2025 in Uncategorized

If you are considering ending your marriage in Maryland, the first thing to do is understand the legal process and what to expect. Although it is not possible to totally anticipate every step of your divorce, you can get a good sense of what the future might have in store by talking to an experienced Maryland divorce attorney. This guide will walk you through the key steps, explain important legal terms, and help you feel more prepared for what lies ahead.

The Two Types of Divorce in Maryland

Maryland recognizes absolute divorce and limited divorce. Absolute divorce fully and legally ends the marriage. Once an absolute divorce is granted, both spouses are free to remarry. It also settles important issues such as property division, alimony, child custody, and child support.

Limited divorce does not officially end the marriage but allows spouses to live apart under court-approved terms. You may have heard it called legal separation in other states. Limited divorce may resolve issues like financial support and child custody while a couple remains legally married. Some people use a limited divorce to establish separation before filing for absolute divorce while others prefer it for religious reasons.

Grounds for Divorce in Maryland

To file for a traditional divorce, you used to have to have "grounds," or reasons, to get divorced. Now, Maryland only allows three reasons for divorce: Mutual consent (sometimes also called "uncontested divorce"), a six-month separation period (exactly what it sounds like), and irreconcilable differences (when a couple has serious problems they cannot fix). Nobody needs to assign fault to anyone else to get a divorce and you do not need any more justification for a divorce besides the fact that you want one.

The Divorce Process in Maryland

The process for divorce in Maryland typically follows these steps:

1. Filing a Complaint – One spouse (the plaintiff) files a document called a Complaint for Absolute Divorce with the circuit court in the county where they or their spouse live.

2. Serving the Other Spouse – The other spouse (the defendant) must be legally notified of the divorce filing. This is called service of process and can be done through certified mail, sheriff, or a private process server.

3. Response from the Defendant – The defendant has 30 days to respond if they live in Maryland, 60 days if they live in another state, and 90 days if they live outside the U.S. If they do not respond, the court may proceed without their input.

4. Negotiation and Settlement – If both spouses agree on key issues like child custody, property division, and alimony, they can submit a Marital Settlement Agreement to the court. If they do not agree, they may need mediation or a court hearing.

5. Court Hearing – If the divorce is uncontested (both parties agree on all terms), a short hearing may be scheduled for a judge to review and approve the agreement. If there are disputes, a judge will hold a trial and make final decisions.

6. Final Divorce Decree – Once the judge grants the divorce, the Final Divorce Decree is issued, officially ending the marriage.

How Is Money Handled in a Divorce? 

Maryland follows equitable distribution in property division, which means that when a couple cannot agree to a property division themselves, the court divides marital property fairly. This does not necessarily mean equally, however. Alimony may be awarded based on factors such as length of marriage, financial need, and earning potential. Decisions about child custody and support are made based on the best interests of the child.

Do I Need a Lawyer to Get a Divorce in Maryland? 

Although it is possible to handle a divorce without a lawyer, legal advice can be helpful, especially if you and your spouse disagree over property, alimony, or child custody. A family law attorney can help you understand your rights, negotiate a fair outcome, and avoid expensive financial mistakes that could impact your life for many years to come.

Call a Bowie, MD Divorce Lawyer

At Law Office of Kari H. Fawcett, our Annapolis, MD family law attorneys have over 50 years of combined experience practicing the law. We are highly responsive to our clients and willing to fight as hard as necessary as we serve every client’s best interests. Call us today at 301-262-5500 to schedule a complimentary consultation.