Filing for divorce is the first step toward dissolving a marriage, and the process is different in every state. If you are considering getting a divorce in Maryland, there are a few key points you should know before you begin.
Absolute or limited?
In Maryland, there are two types of divorce: absolute and limited. Absolute divorce is usually the route couples take when they agree they both want the divorce, when they are separated for at least one year or when one of them commits faults like adultery or cruelty.
On the other hand, limited divorce does not dissolve the marriage; it legalizes the separation between the parties and allows financial support if necessary or appropriate.
Legal process
The legal process of filing for divorce can be complex, so having an attorney is especially important. After determining the reasons for the divorce, the parties must fill out several forms. This is the case whether the divorce is agreed upon or not. After filling out the paperwork, at least one of the parties must file an official complaint with the court, stating that they are asking for a divorce and listing why.
Service
The next step is for the person who filed for divorce to give an official copy of those legal papers (“serve” the party) to the other spouse. This step notifies them of the divorce proceedings. You can hire a process server who does this as their job or have someone you know present the papers to your spouse.
Response
The other party can respond to your complaint when they receive divorce papers. The court gives them a certain amount of time to do so. During this time, people usually hire an attorney and file a response to your complaint within the allotted time frame.
Court hearings
Depending on each case, you may have to attend court hearings. If you have an attorney, they will attend these hearings either with you or on your behalf if you cannot for a specified reason. During these hearings, the judge will want to know if the parties reached an agreement or if there are disputes. If the parties cannot agree, they may have to attend mediation and even have a trial.
Final stage
Once the spouses reach an agreement or the court decides, the judge will issue a divorce decree, which officially dissolves the marriage.
Divorce in Maryland is not as straightforward as in other states, and it is essential to know this going in. You will have to decide what kind of divorce, the grounds for it and other important matters, so having an attorney explain the process to you and guide you through it is essential.