Step 1: Grounds for Divorce

Maryland recognizes both fault-based and no-fault grounds for divorce. No-fault grounds include a mutual and voluntary separation of 12 months with no expectation of reconciliation or a separation of 24 months. Fault-based grounds include adultery, desertion, cruelty, excessively vicious conduct, or incurable insanity. The choice of grounds will affect the legal process and may impact other aspects of the divorce, such as alimony and property distribution. After October 1, 2023, fault-based divorce grounds will be eliminated. After October 1, 2023, the new grounds for divorce will be:

1. 6-month separation; or

2. Irreconcilable differences.

Step 2: Filing the Complaint for Absolute Divorce

To initiate the divorce process, the filing spouse must prepare and file a Complaint for Absolute Divorce in the circuit court of the county where they reside. The Complaint must include the grounds for divorce, information about the marriage, and any requested relief, such as child custody, child support, alimony, and property distribution. The filing spouse is referred to as the "plaintiff," and the other spouse is the "defendant."

Step 3: Serving the Complaint and Response

After filing the Complaint, the plaintiff must ensure that the defendant is served with a copy of the Complaint and related documents. Service can be achieved through personal service by a sheriff, a private process server, or certified mail with return receipt. The defendant has a specific timeframe to respond to the Complaint, typically 30 days. The response may include an answer to the allegations and counterclaims if applicable.

Step 4: Negotiation and Settlement

Once the divorce process is initiated, both parties may engage in negotiation and settlement discussions to resolve various issues, including child custody, child support, alimony, and property division. These discussions can be conducted informally between the spouses, through mediation, or with the assistance of attorneys. The goal is to reach a mutually acceptable agreement that can be submitted to the court for approval.

Step 5: Discovery Process

If the spouses cannot reach a settlement through negotiation, the discovery process may be necessary. Discovery involves the exchange of information and documents related to the divorce case. Both parties may request relevant documents, submit interrogatories (written questions), and take depositions (recorded interviews under oath). The discovery process helps uncover relevant facts and evidence that can be used in court.

Step 6: Pretrial Conference and Scheduling

At the pretrial conference, the court evaluates the progress of the case and addresses any pending issues. The court may issue scheduling orders, set deadlines for completing discovery, and establish a trial date. The pretrial conference also provides an opportunity for the parties to discuss potential settlement options with the assistance of a judge.

Step 7: Trial and Final Divorce Decree

If the spouses cannot reach a settlement or resolve all issues, the case proceeds to trial. During the trial, each party presents their arguments and evidence to support their respective positions. The judge will make decisions on unresolved matters, such as child custody, child support, alimony, and property division, based on the evidence presented. After the trial, the judge will issue a final divorce decree that legally terminates the marriage and outlines the terms of the divorce.

Step 8: Post-Divorce Matters

After the divorce is finalized, there may be post-divorce matters that require attention. This may include enforcing court orders, modifying child custody or support arrangements, or addressing any issues that arise after the divorce. It is important to comply with the terms of the final divorce decree and seek legal assistance if any post-divorce matters need resolution.

Conclusion

The legal process of getting divorced in Maryland involves several important steps that must be followed to dissolve a marriage and address various related issues. From filing the Complaint for Absolute Divorce to negotiating a settlement or going to trial, each stage requires careful consideration, legal expertise, and adherence to the state's specific procedures. Navigating the divorce process can be complex, emotionally challenging, and time-consuming. Seeking guidance from an experienced family law attorney is highly recommended to ensure your rights are protected and to facilitate a smoother transition into the next chapter of your life.