Navigating the Divorce Process in Maryland
Going through a divorce is a complex process, and it can be even more difficult if you’re not sure what to expect. If you’re getting a divorce in Maryland, it’s essential to know the ins and outs of the process to ensure that it goes as smoothly as possible. In this article, we’ll cover the critical steps of navigating the divorce process in Maryland to help you make informed decisions. Keep reading to learn more.
What are the different types of divorce?
Navigating the divorce process in Maryland can be complicated and overwhelming. One of the first steps an individual must take when considering a divorce is to understand what types of divorce in Maryland, they are eligible for.
An absolute divorce, also called “no-fault” or “uncontested,” typically takes less time than other forms of dissolving marriage because it does not require proof that either spouse was at fault in causing the marriage to end. An uncontested dissolution requires both parties to agree on issues such as child custody, alimony payments, division of assets and liabilities, etc., otherwise known as a marital settlement agreement. This agreement helps ensure that all matters have been addressed before filing with the court system.
In addition to an absolute divorce, couples may also file for a limited divorce in Maryland, which does not dissolve their marriage but instead provides temporary provisions while waiting until final judgment is made on their case by the courts; this could include spousal support or separate maintenance awards if necessary during this period before complete dissolution occurs. A limited divorce is a temporary and partial dissolution of the marriage. This type of divorce is commonly sought when the spouses want to live apart while working to resolve legal and financial issues. The court may grant a limited divorce on the grounds of desertion, cruelty, or excessive use of alcohol or drugs. A limited divorce does not terminate the marriage, and the spouses can still file for an absolute divorce later on.
Finally, voluntary dismissal is a type of divorce in which one spouse withdraws a petition for an absolute divorce. This type of divorce is more common when both spouses have reached an agreement regarding resolving their legal and financial matters. A voluntary dismissal is also an option when one spouse has not responded to the divorce petition.
How do you navigate the divorce process?
Navigating the divorce process in Maryland can be a complicated and emotionally taxing experience. You will need to file a complaint with the district court in your county. The first step is determining whether you can file for divorce in Maryland. To file for divorce in Maryland, you must have been a state resident for at least six months before filing. Additionally, you must have grounds for divorce, which can include adultery, desertion, cruelty, or mutual consent.
Once you have determined that you are eligible to file for divorce and have chosen the grounds to file, you must file a Complaint for Absolute Divorce. This document must be filed with the circuit court clerk in the county where either you or your spouse resides. Once the Complaint for Absolute Divorce has been filed, your spouse must be served with the Complaint and a summons. Once served, your spouse must file an Answer and Waiver of Service, typically done with an attorney’s help.
Once the Answer and Waiver of Service have been filed, you and your spouse can begin negotiating the divorce terms. This includes decisions about property distribution, alimony, child custody and support, and any other issues related to the divorce. Your attorney can help you negotiate the terms of the divorce and draft all of the necessary paperwork. Once the divorce terms are agreed upon, the parties must sign a marital settlement agreement.
The marital settlement agreement must then be filed with the court, and the court must finalize the divorce. This usually involves a hearing, during which the judge will review the marital settlement agreement and any additional documents that have been filed. If the judge approves the Agreement, the divorce will be granted, and the parties will be legally divorced.