Maryland Divorce Process
State laws determine most of the procedural and legal issues involved in a divorce. State law determines on what grounds you may petition for divorce and for long long you must have lived in the state before you may file for the divorce. If you are considering filing for divorce in Maryland, a general understanding of the divorce process is a good place to start.
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Types of Divorce
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Maryland recognizes legal separation, limited divorce and absolute divorce. A legal separation can address many of the same issues as a divorce, including custody, support and division of debt, but the parties are still legally married. A limited divorce is generally used in situations where the parties do not yet have the grounds for an absolute divorce. An absolute divorce legally terminates the marriage, settles all issues and the parties may choose to remarry.
Grounds
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Maryland recognizes seven grounds for divorce, including adultery, desertion, voluntary separation (by agreement of the parties) or a two-year separation (without agreement of both parties), cruelty of treatment, excessively vicious conduct, conviction of a crime and insanity. In some cases, a waiting period of one year or more may apply.
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Initiating the Divorce
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One spouse (plaintiff) must initiate the divorce by filing a bill for divorce and summons with the clerk of court in the county where one of the parties lives. The bill for divorce and summons must then be served on the other party. The defendant (other spouse) then has the opportunity to respond to the bill by filing an answer in writing with the court.
Completing the Divorce
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The parties may negotiate the issues involved in the divorce such as custody, support and division of debt. If the parties reach an agreement they may reduce the agreement to writing and submit it to the court along with a proposed final decree. If the parties are unable to reach an amicable agreement then they will appear for a final hearing where the judge will listen to the testimony, review the evidence and rule on any contested issues.
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