Maryland Divorce Procedures

For anybody facing divorce, learning the Maryland divorce procedures and what to expect overall with the Maryland divorce process is very important. You’ll know what to expect, how to prepare, and how to protect yourself.

The divorce lawyers in Maryland you end up working with will fill you in on all of the details, and will know the ins and outs of your case and how that may change matters. But in the meantime, here’s a quick list of 5 essential tips you should know with the Maryland divorce process.

Separation Periods

Maryland divorce procedures set out different periods of time for separations before a no fault Absolute divorce can occur. Generally, parties must be separated for 12 uninterrupted months, without cohabitation or marital relations, before a Complaint for Absolute Divorce may be filed.

However, according to the Maryland Courts website, Courts.State.MD.US, there are also different time lengths for different circumstances. For instance, when filing on the basis of insanity, the individual must have been receiving care in a mental institution for three years, while at least one of the spouses must be a resident in the state for two years. Meanwhile, in instances involving cruelty of treatment, divorces can be filed anytime after the beginning of the official separation.

Fault/No-Fault

According to official Maryland divorce procedures, there are multiple grounds for divorce within the state. The only “no fault” ground in the Maryland divorce process though is separation, whether voluntary or without prior agreement, as described above.

The fault grounds for divorce in Maryland are cruelty of treatment, adultery, desertion, excessively vicious conduct, conviction of certain crimes and insanity.

Mediation

Maryland divorce mediation is often preferable as opposed to drawn out court battles. If you can solve something in a more amicable fashion, and with less time, money and stress, that may be in everyone’s best interests.

This is something the state of Maryland actually recommends, both for the smoothness of the process, while also lowering costs. The Maryland Department of Family Administration assigns a coordinator to each Circuit Court in Maryland to provide access to approved-mediators, and other such money-saving tips and processes.

Finding the Right Attorney and Protecting Yourself

If you’re pursuing mediation, you want divorce lawyers who are well seasoned in the process. If there are specific circumstances in your case which may be unique, you want an attorney equipped to handle them. In other words, you always want to find the right attorney, and the one who can best stand up for your rights. Listen to their advice in terms of what you should and should not do along the way, and avoid making the big blunders that come back to haunt you during a hearing.

It can be complicated to know all of the latest Maryland divorce procedures on your own. But the above tips should give you some more information about how to prepare, and what some of the major step or issues are. However, you should always consult with an attorney before making any major decisions regarding your separation or divorce.