In Maryland, divorce involves petitions, discovery, court-ordered co-parenting classes, many court sessions, mediations, discussions of pendente lite and/or permanent child custody and marital separation agreements, and eventually a trial.
The process of seeking a divorce in Maryland is meant to bring the parties together on several times in the hopes that they may reach an amicable and reasonable agreement. In Maryland, the complications of a divorce can be complicated and daunting. You should not have to negotiate the legal system alone amid a very personal situation. If you require a reliable family law attorney, The Law Offices of Thomas Stahl can assist you.
In Maryland, timetables for divorces may include the following:
1. Decide To Divorce
Whether it is unilateral or consensual, every divorce begins with the decision to dissolve the marriage. When deciding to divorce, the first step is to determine eligibility for seeking a divorce in Maryland based on the Residency Requirement. Before filing, one party must have resided in Maryland for a minimum amount of time. Next, it is essential to comprehend how the choice to divorce falls within the recognized reasons for divorce in Maryland. In Maryland, there are two sorts of grounds for divorce: “Fault” grounds and “No Fault” reasons.
No-Fault Grounds include:
• 12-Month Separation: The parties are living apart and apart for 12 consecutive months without reconciliation, cohabitation, or sexual interactions.
• Mutual Consent: A court may award an absolute divorce based on mutual consent if the parties have reached an agreement addressing all concerns before the entry of the divorce.
• Adultery: If a party can establish that their spouse committed adultery in same-sex divorce, the court may give an absolute divorce. In Maryland, proof of actual sexual activity is not necessary. The party demonstrating adultery must demonstrate that the guilty partner had the inclination and opportunity for extramarital relations.
• Desertion (Actual And Constructive): One party abandons the marital home and the relationship for 12 months without explanation.
• Violence, Harsh Treatment, Or Adultery: In circumstances of violence or cruel treatment, spouses may petition for divorce immediately after separation, specifying specific reasons for divorce. In circumstances of infidelity, couples are permitted to apply for divorce while living together.
• Separation Involuntary: If one spouse does not desire a divorce, the couple must live apart for two years. Up until the divorce is finalized, they are prohibited from having sexual relations.
• Felony Conviction: When one party has been convicted of a felony that resulted in lengthy imprisonment. In such circumstances, a one-year break is necessary.
• Insanity: When a party is permanently and incurably insane. One spouse must have been a Maryland resident for at least two years, and the insanity must have been diagnosed by at least two physicians.
2. Retain A Divorce Attorney
After deciding to divorce, it is in your best advantage to contact an experienced divorce attorney immediately. Your selection of a divorce attorney in Maryland might be one of the most crucial choices you make. A skilled attorney will answer your worries and help you through the intricate procedure. Even when both parties agree to leave the marriage, each spouse should have an attorney in a divorce.
3. Identify If The Divorce Is Absolute Or Limited
In Maryland, both limited and absolute divorces are recognized. Even though couples are not permitted to remarry in a limited divorce, this arrangement can assist in addressing temporary child custody and financial concerns during a separation. Although not needed, it may be advantageous to consider a separation agreement in a limited divorce. Separation agreements are an efficient method of formalizing separations and allocating duties.
4. Determine Whether Or Not The Divorce Is Disputed
Before filing for divorce, spouses should have chosen whether custody, property distribution, and other problems would be handled in or out of court. When filing for divorce, couples are asked if they have an existing agreement or if they would want the court to assist in resolving these difficulties.
5. File For Divorce
After the requisite term of separation has passed, couples may file for divorce. Complaint for Absolute Divorce is the name of the form used in divorce procedures. In general, the following actions are taken at this point:
- A spouse is served with the complaint and a hearing request.
- The spouse served must acknowledge receipt of the complaint by responding.
- If a spouse does not react, it will not prevent the divorce from progressing.
- A hearing is normally set several months following the filing date of the divorce to enable sufficient preparation time for each spouse.
6. Conclusive Proceeding
In a contentious divorce, the parties may be required to attend one or more pretrial sessions and trials. Each side’s divorce attorneys perform a discovery process and collect witness testimony to decide how best to resolve the current difficulties. The trial might be set within a few weeks or even years, depending on the cooperation of both spouses and the court’s workload at the time.
If the divorce is uncontested, the parties attend a final hearing when the grounds for divorce are verified and any settlements are evaluated to ensure they are fair and legal.