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Getting a divorce can be tricky, especially if you don’t have experience navigating the divorce process in Maryland. This article breaks down the essential steps and terminology you’ll encounter, such as an affidavit of service, a writ of summons, and a mutual consent agreement. These insights will help you get through your divorce with ease.
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Is Maryland a Fault or No-Fault Divorce State?
The United States has 17 no-fault states. Maryland is one of them. That means a spouse does not need to show wrongdoing to initiate a dissolution of marriage.
Maryland requires spouses to involuntarily separate for at least two years before they file for divorce. Spouses can also have a voluntary separation for 12 months. Divorce attorneys may recommend limited divorce under the grounds of cruelty, separation, or excessively vicious conduct. The legal form of separation allows each party to live apart while remaining legally married.
While you might not mention fault when you file for divorce, you can use it to gain the upper hand during the trial proceedings. The most common grounds for divorce in Maryland include cruelty, desertion, and adultery. Desertion qualifies as any uninterrupted separation for at least one year, while cruelty requires a criminal conviction where one party serves at least one year in prison for abuse.
How to Get Divorced in Maryland
You must meet Maryland’s residency requirement before filing divorce paperwork. The state requires that each spouse lives in Maryland for at least one year. Maryland divorce laws also omit a waiting period after you finalize the divorce. If the grounds for divorce occurred outside the state, the couple must wait a year to begin their case.
If you meet those criteria, here are the following steps:
File a Complaint for Absolute Divorce
Every divorce case begins with paperwork. You have to fill out a complaint for absolute divorce and a civil domestic case information report. These papers are available on the Maryland circuit court website.
You need to file the divorce forms at a county court. Maryland has eight circuit courts across 23 counties, plus the city of Baltimore. You must pay the filing fee when you submit the paperwork. Low-income individuals can ask for a waiver to eliminate the fees.
Serve the Divorce Complaint
After you file your forms, the court clerk will issue a writ of summons. This document tells your spouse to answer the complaint by a specific time. If they do not, you can proceed with an uncontested divorce.
Serving documents involves giving your spouse notice of the divorce case. If your spouse does not get these papers, you cannot continue with the divorce process. Maryland law requires the responding spouse to receive the writ of summons and complaint from:
· A person over 18, other than the plaintiff spouse
· The county sheriff
· A private process server
You can also serve documents via certified mail. The post office must get your spouse’s signature to prove that they received the delivery. If the post office cannot locate your spouse, you may have to use an alternative method, such as publishing your notice of divorce on the local news website or in the local paper.
Wait for the Counter-Complaint
Your spouse has an opportunity to answer your complaint. They can write a response to the judge admitting or denying the information in your statements. Your spouse has 30 days after service to respond if they live in Maryland. They have 60 days if they live in another state and 90 days if they reside outside the country.
Your spouse may file a counter-complaint for absolute divorce. This form lets them state a different legal reason for divorce than your initial complaint. You may receive a copy of the counter-complaint, though Maryland law does not require it.
Financial Disclosures
Each party must fill out financial disclosure statements. The documents include information about your assets, liabilities, income, and expenses. It also covers any joint debts or property that you share with your spouse, such as a retirement account or home.
Maryland doesn’t divide property 50/50 between spouses. Instead, the circuit court uses an equitable distribution model. It considers the information in the financial disclosures before dividing things between each party as equitably as possible.
A circuit court weighs additional factors beyond the financial disclosures when evaluating a case. These variables help determine how to divide the property and whether one spouse should receive a monetary award. Significant factors include:
· The length of your marriage
· Your income and your spouse’s income
· Your contributions to the marriage, financial and otherwise
· Your age, health, and mental well-being
· Separate versus marital property
· Alimony
· The grounds for divorce
· Other issues that influence the fairness of the award
If you have a minor child, meaning they’re under 18, you can use the financial forms to ask for child support. You can ask for spousal support and alimony, too. According to the Maryland Court of Appeals, “The longstanding rule in Maryland has been that the right to claim alimony is extinguished at the time of the severance of the marital relationship.” Put another way: You have to ask for alimony or child support before the marriage ends.
Any good lawyer will tell you to fill out your financial disclosures as accurately as possible. Any discrepancies give your spouse and their attorneys a chance to paint you as dishonest or untrustworthy in court. If that happens, you’ll have a tough time getting the assets you want in the settlement agreement.
What Paperwork Do I Need to Get a Divorce in Maryland?
Divorce in Maryland comes in many styles, including absolute divorce, uncontested divorce, and limited divorce. No matter what type of divorce you want, you’ll need to file several documents, which you can find on the Maryland Court website. The site comes with detailed instructions regarding when to fill out and file your paperwork.
The most important legal document is the divorce complaint, also known as a divorce petition. It contains your basic information about your marriage, living arrangements, and grounds for divorce. Once you give this document to the court, it kicks off the rest of the divorce process.
Dividing Assets During Divorce
Property
Property comes in two forms in Maryland: separate and marital. Separate property covers any assets or debts that you or your spouse brought into the marriage. That might include inheritance or a personal injury award.
Marital property involves anything that you purchased or acquired during the marriage. Houses and land account for the most valuable marital property in most cases. You may have grounds to claim a home or another asset as separate property if you have a valid written contract to the contrary.
Spousal Support (Alimony)
Maryland has three types of alimony. The most commonly awarded one is rehabilitative alimony, which provides a spouse with funds for a limited time after the divorce. This money helps the individual learn a skill or go to school, especially if they put their professional life on hold to raise a family.
For example, you may receive rehabilitative alimony for four years to finish your degree. The amount of money you get will depend on your circumstances and legal advice from your attorneys. You can expect the alimony to last anywhere from three to ten years.
Indefinite alimony functions as the opposite of rehabilitative alimony because it doesn’t have a deadline. A judge might award it if you can’t make reasonable progress in pursuing an education or supporting yourself due to an illness or injury. You can also seek indefinite alimony if, even after you gain new skills or training, there’s an “unconscionably disparate” difference between your and your spouse’s new standards of living. Finally, alimony pendente lite serves as temporary alimony. A spouse can receive it from the time they file for absolute divorce until the judge signs the judgment of divorce. Alimony pendente lite allows each spouse to maintain their lifestyle during the divorce and cover expenses like child support, food, and monthly bills.
Child Custody and Support
If you have a minor child in your custody, you can ask the other party for child support. The funds cover your child’s basic needs, like food, clothing, and education. The specific amount will depend on your income and financial situation.
The money may increase or decrease depending on your situation. For example, if you have custody and get a promotion at work, the court may lower the monthly payment. However, if you lose your job or become sick, the court may increase the child maintenance payments.
How Much Does Divorce Cost?
The cost of divorce in Maryland depends on several factors. Did you and your spouse reach a settlement agreement swiftly and amicably out of court or did you hire divorce attorneys and have a hearing in front of a judge?
The answers to these questions can mean the difference between spending a few hundred dollars and a few thousand. You will need to pay at least $215 when filing for divorce. That’s the average filing fee, though the specific amount varies from county to county.
According to Martindale-Nolo Research, the average Maryland divorce costs $11,000 to $13,500. Complicated divorces with disputes over child support and property division may exceed $20,000. Expect your law firm to charge $260 to $325 per hour for its services.
Bottom Line
This article provides the blueprint you need to get a divorce in Maryland. You can use it to navigate the entire process from start to finish, whether you want an uncontested divorce or a limited divorce. If you find addressing these issues daunting, consider reaching out to divorce lawyers for further assistance.
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