Divorce in Maryland: The Legal Process, Your Rights, and What to Expect

By Marjorie G DiLima and Dorothy R. Fait

Providing accurate and objective information to help make the right decisions during a divorce in Maryland, this guide provides answers to 350 queries such as What is the mediation process in Maine and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.

• Language: English
• Publisher: Independent Publishers Group
• Release date: Feb 28, 2017
• ISBN: 9781943886531

Book preview

Introduction

Nearly every day we meet with men and women who are struggling as they contemplate and move through divorce. Whether you initiate or respond to a divorce, it may seem as if you are facing a change in every aspect of your life. No area remains untouched in a divorce action. Parenting, family relationships, finances, social networks, personal belongings, a residence, job performance—all are affected by divorce. Our purpose in writing Divorce in Maryland is to help you navigate through an uncertain journey.

Divorce can be difficult. We see courageous clients, like you, making tough decisions every day in the face of their changing worlds. We know from our own experience and from counseling hundreds of clients over the years, that in order to reach a place of growth and healing, it requires a tremendous amount of support throughout the journey. Divorce in Maryland was written to help you move through this time of transition with more clarity and ease. It is not intended to be a substitute for advice from your lawyer. Rather, it is designed to assist you in partnering with your lawyer to reach your goals in the resolution of your divorce.

In writing Divorce in Maryland, we endeavor to partner with you and explain each step in the divorce process in the hope that it will lead to your empowerment. The more control and clarity you feel over the process, the better you are able to make sound decisions regarding very challenging choices. We hope you will use this book as a guide to ask your lawyer questions, to understand what it is you are unclear about, and to begin to see the big picture of the journey upon which you are about to embark.

We hope this book will be used not only by people going through divorce, but also by professionals who support them—attorneys, mediators, therapists, clergy, financial advisors, coaches, and others who are called upon to serve people who are divorcing. Although every divorce is different and your circumstances unique, we hope that Divorce in Maryland will begin to answer your multitude of questions as you begin this brave road toward a new beginning.

During your divorce, you may have hard, grief-filled days and you will face a lot of uncertainty, but you will get through this. We promise you. In the end, you will inevitably find some relief in the letting go of a relationship with your former spouse. You’ll see glimmers of hope in re-creating yourself, and you’ll develop a sense of new possibilities for your future.

1

Understanding the Divorce Process

At a time when your life can feel like it’s in utter chaos, sometimes the smallest bit of predictability can bring a sense of comfort. The outcome of many aspects of your divorce may be unknown, driving up your fear and anxiety. But there is one part of your divorce that does have some measure of predictability, and that is the divorce process itself.

Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing stages and moving forward with your divorce can reassure you that it won’t go on forever.

Develop a basic understanding of the divorce process. This will lower your anxiety when your attorney starts talking about depositions or going to trial and you feel your heart start pounding in fear. It can reduce your frustration about the length of the process because you understand why each step is needed. It will support you to begin preparing for what comes next.

Most importantly, understanding the divorce process will make your experience of the entire divorce easier. Who wouldn’t prefer that?

1.1         Must I have an attorney to get a divorce in Maryland?

You are not required to have an attorney to obtain a divorce in Maryland. However, if your case involves children, alimony, significant property, or debts, you should avoid proceeding on your own.

If your divorce doesn’t involve any of these issues, contact the Self Represented Clinic at the Circuit Court for your county, or go online to Maryland Courts (www.courts.state.md.us) to obtain documents and instructions that are helpful in the simplest of cases. A person who proceeds in a legal matter without a lawyer is referred to as being a self-represented litigant, formerly known as being pro se (proceeding on one’s own).

If you are considering proceeding without an attorney, at a minimum have an initial consultation with an attorney to discuss your rights and duties under the law. You may have certain rights or obligations about which you are unaware. Meeting with a lawyer can help you decide whether to proceed on your own.

1.2         What is my first step?

Find a law firm that handles divorces as a regular part of its law practice. The best recommendations come from people who have knowledge of a lawyer’s experience and reputation.

Even if you are not ready to file for divorce, call to schedule an appointment right away to obtain information about protecting yourself and your children. Even if you are not planning to file for divorce, your spouse might be.

Ask what documents you should bring to your initial consultation. Make a list of your questions to bring to your first meeting. Start making plans for how you will pay your attorney to begin work on your case.

1.3         Is Maryland a no-fault state or do I need grounds for a divorce?

Maryland, like most states, is a no-fault divorce state. This means that neither you nor your spouse is required to prove that the other is at fault in order to be granted a divorce. Factors such as infidelity, cruelty, or abandonment are not necessary to receive a divorce in Maryland. Rather, if you have minor children, it is necessary to prove that you have been separated and living apart for more than one year or, if you have no minor children, that you and your spouse have entered into an agreement resolving all issues of the divorce.

The testimony of either you or your spouse is needed that you have lived separate and apart for over one year for the court to rule that the marriage should be dissolved if the requirements are met. This testimony, usually given by the spouse who filed for the divorce, will state that the parties have lived separate and apart for more than one year without cohabitation or any sexual relations between the spouses.

You and your spouse can get a divorce without a separation requirement if you have a signed agreement resolving all issues of the divorce and you do not have any minor children. Both you and your spouse will need to appear for the uncontested divorce hearing under this no-fault ground (called mutual consent).

1.4         Do I have to get divorced in the same state I married in?

No. Regardless of where you were married, you may seek a divorce in Maryland if the jurisdictional requirements of residency are met.

1.5         How long do I have to have lived in Maryland to get a divorce in the state?

Either you or your spouse must have been a resident of Maryland for at least six months to meet the residency requirement for a divorce in Maryland. However, if you married in Maryland less than a year ago and have resided in this state for the duration of your marriage, it is not necessary to wait six months before you file for divorce.

If neither party meets the residency requirement, other legal options are available for your protection. If you do not meet the six-month residency requirement, talk to your attorney about options such as a legal separation, a petition for a custody-and-support order, or a protection order.

1.6         My spouse has told me he/she will never give me a divorce. Can I get one in Maryland anyway?

Yes. Maryland does not require that your spouse agree to a divorce. If your spouse threatens to not give you a divorce, know that in Maryland this is likely to be an idle threat without any basis in the law.

Under Maryland law, to obtain a divorce you must be able to prove that you and your spouse have lived separate and apart for more than one year. Evidence of this will be your testimony on the witness stand and, if contested by your spouse, a corroborating witness who can testify that they know you have not lived with your spouse for over a year. In short, it is not necessary to have your spouse agree to the divorce or to allege the specific difficulties that arose during the marriage to obtain a divorce in Maryland.

The Divorce Process

The divorce process in Maryland typically involves the following steps.

If you are initiating the divorce:

Obtain a referral for a lawyer.

Schedule an appointment with an attorney.

Prepare questions and gather necessary documents for an initial consultation.

Meet for an initial consultation with an attorney.

Review and sign a retainer agreement and pay the attorney the retainer.

Provide requested information and documents to your attorney.

Take other actions as advised by your attorney, such as opening or closing financial accounts.

Your attorney prepares the complaint for absolute divorce for your review and signature.

With the assistance of your attorney, you need to prepare a financial statement, usually a long form showing all your expenses, income, assets, and liabilities, which should be filed with your complaint.

Your attorney files the complaint and financial statement with the clerk of the court.

The clerk of the court issues a writ of summons to the attorney.

Your attorney has the writ of summons and complaint and financial statement served on the defendant.

Your attorney files an affidavit of service with the clerk of the court.

If you have been served with a writ of summons and complaint for divorce:

Obtain a referral for a lawyer.

Schedule an appointment with an attorney.

Prepare questions and gather necessary documents for an initial consultation.

Meet for an initial consultation with an attorney.

Review and sign a retainer agreement and pay the attorney the retainer.

Provide requested information and documents to your attorney.

Take other actions as advised by your attorney, such as opening or closing financial accounts.

Your attorney prepares an answer to the complaint for your review and signature.

Your attorney may also prepare a countercomplaint for your review and signature.

With the assistance of your attorney, you need to prepare a financial statement, usually a long form showing all your expenses, income, assets and liabilities which should be filed with your answer.

Your attorney files your answer to the complaint and countercomplaint (if applicable) and financial statement with the clerk of the court and sends a copy to your spouse’s attorney within thirty days of service of the complaint and summons on you if you reside in Maryland and are served in Maryland. If you reside out of state, you have sixty days to file your answer. If you reside out of the country, you have ninety days to file your answer.

After an action has been commenced and the answer filed:

The clerk of the court sends both sides an order to appear at a scheduling conference.

Negotiations may begin regarding temporary custody and visitation, child and spousal support, payment of obligations, and attorney fees.

The court holds a scheduling conference where all dates are cleared for various hearings needed, mediation and ADR (alternative dispute resolutions are discussed in chapter 6) are assigned, and any services needed (appointment of a best interest attorney, and/or a custody evaluation.)

If there are minor children, the parties comply with any local rules or court orders to attend parent education and to participate in mediation.

The court holds a hearing (called a pendente lite hearing) on requests for temporary relief for access to the children, support, and attorney fees.

Either the parties reach an agreement or the court issues temporary orders.

Both sides conduct discovery—the process designed to obtain information regarding all relevant facts—and commence the process of exchanging valuations of all assets, including expert opinions if needed.

You confer with your attorney to review facts, identify issues, assess strengths and weaknesses of your case, review strategy, and develop a settlement proposal.

Spouses, with the support of their attorneys, attempt to reach agreement through written proposals, mediation, settlement conferences, or other forms of negotiation.

If you reach an agreement on all issues, then:

The attorneys prepare a marital settlement agreement.

Both parties sign the agreement.

The attorney for plaintiff (the party who files for divorce) files a supplemental complaint stating an agreement has been reached.

The opposing attorney files an answer and both attorneys sign a joint line for an uncontested divorce.

All paperwork is filed with the court.

The court sets a ten-minute uncontested divorce hearing.

Judgment for absolute divorce is entered and you will be divorced.

Your attorney completes necessary orders and supervises the property transfers, including transfer of retirement assets, until all agreed terms are satisfied.

If you are unable to reach an agreement on all issues, then:

Your attorney completes all necessary discovery to bring the case to its trial-ready point.

A settlement status conference is held at the court and pretrial statements are filed by both attorneys.

If agreement has been reached on any issues, your attorney includes those stipulations in your pretrial statement. All other issues are set for trial.

You work with your attorney to prepare your case for trial.

Your attorney prepares witnesses, trial exhibits, legal research on contested issues, pretrial motions, trial briefs, direct and cross-examination of witnesses, opening statements, witness subpoenas, and closing arguments.

You meet with your attorney for final trial preparation.

Trial is held.

The judge renders an opinion and judgment, not necessarily right away.

The court issues a judgment of absolute divorce which dissolves the marriage and resolves all outstanding issues.

The attorneys supervise any property transfers until all terms of the divorce order are satisfied.

Your posttrial rights are discussed in chapter 16 on appeals.

1.7         Can I divorce my spouse in Maryland if he or she lives in another state?

Provided you have met the residency requirements for living in Maryland for six months, you can file for divorce here even if your spouse lives in another state.

Discuss with your attorney the facts that will need to be proven and the steps necessary to give your spouse proper notice to ensure that the court will have jurisdiction over your spouse. Your attorney can counsel you on whether it is possible to proceed with the divorce.

1.8         How can I divorce my spouse when I don’t know where this person lives now?

Maryland law allows you to proceed with a divorce even if you do not know the current address of your spouse.

First, take action to attempt to locate your spouse. Contact family members, friends, former coworkers, or anyone else who might know your spouse’s whereabouts.

Utilize resources on the Internet that are designed to help locate people.

Let your attorney know of the efforts you have made to attempt to find your spouse. Inform your lawyer of your spouse’s last known address, as well as any work address or other address where this person may be found. Once your attorney attempts to give notice to your spouse without success, it is possible to ask the court to proceed with the divorce by giving notice through publication in a newspaper or posting notice on the local sheriff’s door.

While your divorce may be granted following service of notice by publication in a newspaper or by posting on the sheriff’s door, you may not be able to get other court orders such as those for child support or alimony without giving personal notice to your spouse. Talk to your attorney about your options and rights if you don’t know where your spouse is living.

1.9         I just moved to a different county. Do I have to file in the county where my spouse lives?

You may file your divorce complaint either in the county where you reside or the county where your spouse resides or works.

1.10       I immigrated to Maryland. Will my immigration status stop me from getting a divorce?

If you meet the residency requirements for divorce in Maryland, you can get a divorce here regardless of your immigration status. Talk to your immigration lawyer about the likelihood of a divorce leading to immigration challenges.

If you are a victim of domestic violence, tell your lawyer. You may be eligible for a change in your immigration status under the federal Violence Against Women Act.

1.11       I want to get divorced