Ending your marriage requires a legal divorce process, seeking to have a judge issue a formal divorce decree. In Maryland, there are a series of steps that you need to take to get to the decree. Many factors can impact the timing and complexity of your divorce case. However, some requirements cannot be bypassed. Understanding the requirements, as well as the places where alternatives are available, can help in formulating a strategic approach to divorce.
Filing for Divorce
Every divorce begins with filing a formal document called a “complaint” with the Maryland Superior Court. The clerk of the court will then provide the filing party a “summons,” which is the formal notice to the other party that a divorce is being sought. The filing party then has to deliver the complaint and summons to the other party following specific rules called service of process. This can be the first point of complication if the other party is not cooperative. If they are out of state or even avoiding the service, it can take months to complete the service. If your spouse has disappeared, you may eventually be able to prove that they cannot be found and proceed with the divorce, but this is a challenging hurdle that can take time as well.
The First Deadlines
If the party has been found and served the papers, then an “affidavit of service” is filed with the court. The clerk will usually schedule the first court hearing on the case. The timing of the hearing can depend on the court’s workload, but it is generally scheduled within a few weeks.
Once the other party has been served the papers, they have 30 days to respond. They may seek an extension of time or simply not respond. If they do not respond, you may proceed without them, but this is also a challenging hurdle.
Getting a Trial Date
If you are having an uncontested divorce, it is relatively easy to get a court date after the first hearing. In these instances, it is essential to have all the information the court requires and submit it in an organized and timely manner.
If your divorce involves disagreement over property distribution, support, or child custody and support. The next court dates will likely be scheduled for a later date. Once again, the court’s workload can impact these dates, and the other party also can request a delay. Often, child custody and support issues receive scheduling priority, and property and support issues may be pushed to another trial date.
What Happens Before Trial?
There are many moving pieces before a trial for a divorce. Each side has the right to seek information from the other side about relevant issues. This “discovery” process also has specific service and deadline rules. In the meantime, you will organize your case for trial by gathering evidence and developing a strategy. Additionally, there may be one or more hearings before the judge for interim orders on issues such as temporary custody and support. The parties may also go to court to raise disputes about the discovery process. These hearings require formal notice and the filing of arguments for and against whatever is at issue; scheduling them generally takes a minimum of 30 days. While all of this is happening, the court may order a status conference, where the parties appear in court to inform the judge of their current progress.
In addition to discovery, hearings, and status conferences, additional activities may take place. Experts may be retained to assist with financial questions, child custody issues, and other matters. If the custodial questions are in serious dispute, the court may order a custody evaluation.
Is There a Shortcut?
If the parties can’t agree, there generally aren’t any shortcuts except in cases where one of the parties or the children are in danger. The only way to shorten the process is to reach a settlement with the other party. This can be achieved through informal negotiations or alternative dispute resolution processes, such as mediation or collaborative divorce. If the parties can reach a settlement, they can bypass the trial and submit their agreement for approval by the court, with formal adoption as the divorce decree.
It can be daunting to realize that contested divorces can take a minimum of months and may last for years, depending on the cooperation of each party. Before filing for divorce, consider working with an attorney to get a realistic sense of the workload of the court where you are filing, the likelihood of your ex causing delays, and possible ways to minimize the time and expense associated with a trial.