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Maryland Divorce Process Timeline
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Maryland Bar Journal
However, this basis requires that you have been separated and separated for 12 months prior to filing. In Maryland, an absolute divorce due to voluntary separation can be obtained by either party 12 months after the parties agree to separate and then live separately in separate homes with no sexual intimacy .
Maryland law does not require a written separation agreement to divorce. Legal separation also does not exist in Maryland.
Maryland is one of the only states that requires a cause to get an instant divorce with no waiting period. These reasons, however, are likely to be disputed as they relate to adultery and cruelty.
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A 12-month separation is no-fault grounds for an absolute divorce. Before filing for divorce, the spouses must have lived separately and separately without cohabitation (cohabitation or sexual relations) for 12 months without interruption. Mutual consent is a new no-fault basis for absolute divorce.
Once a marital separation agreement has been drafted, a divorce in Maryland typically takes 30 to 120 days to become final. However, the duration may vary depending on the court, the workload and the availability of the judges.
Can I get legal separation? There is no legal separation in Maryland. If you and your spouse are living apart with the intention of ending your marriage and you do not have sex during this time, that constitutes separation.
In Maryland, seven fault grounds are accepted for an absolute divorce. Adultery, desertion, punishment for certain crimes, insanity, cruelty and scandalous conduct. Below we cover what you can expect when filing for divorce on grounds of adultery or abandonment. No waiting period required.
Order Of Default For A Divorce In Maryland
This site uses cookies to improve site navigation and personalize your experience. By using this site, you consent to our use of cookies as described in our updated Privacy Notice. You can change your choices by visiting our Cookies and Advertising Notice. Divorce mediation is a conversation between you and your spouse that is conducted by a neutral professional third party called a mediator.
Successful mediations have a civil and cooperative tone. The purpose of mediation is to identify problems, share and discuss solutions, and find a level of comfort for you and your spouse. If you live in Maryland, you should consider the pros and cons of mediation before deciding on your path forward, which we'll discuss below.
This handy chart below will help you quickly understand the main differences between a traditional divorce and divorce mediation:
Mediation is most effective when the mediator is an experienced divorce attorney. Experienced litigators know what the court can do, what it can't do, and what the court is likely to do for (or about) your family.
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An experienced divorce mediator can identify solutions to problems by drawing on their decades of experience working with divorced families to identify solutions to a family's problems that would not present themselves to parents who have not lived this experience before.
An experienced mediator can also draw on their experience to point out foreseeable issues so you can discuss how to respond to those sticking points when they arise.
Mediation is also an opportunity to adjust your outcome and agree on things that a Maryland divorce court cannot order. In other words, while a judge will have limited options after a divorce trial, you have unlimited options in mediation.
Unlike a trial before a judge, you decide which issues are most important to you and you are not bound by the rules of the courtroom as a judge would be.
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In the video below, I talk about some of the most common reasons for choosing mediation over a traditional divorce. This won't be for everyone, so be sure to think carefully about what it might do in your specific case.
Click above to watch a quick video outlining 5 reasons to choose mediation to resolve your divorce issues.
Normally, mediators spend time with both spouses together and spend time with each spouse separately. This one-on-one time is called a group session and gives the conversation more intimacy so that the mediator and spouse can be vulnerable and more honest about what they are thinking and feeling.
Mediation is about exploring options. Some of these options will be very comfortable, and some will feel uncomfortable and may require some thought or even homework.
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Mediation is not a single conversation, it is a layering process involving multiple conversations. Sometimes participants even agree to try something on a temporary basis to see how it works, then come back after trying it. Sometimes one or both parties need to do some research, i.e. do some homework or get more information, before a deal can be made.
Custody is a big part of any divorce involving families with minor children. Do your homework and make sure you fully understand the different types of guardianships in Maryland. The video below will help you.
5. Will a parent have use and possession of a house or car for a period of time for the benefit of the children
9. When should kids have a cell phone and what kind of social media access should they (or shouldn't) have?
Divorce In Maryland: Maryland Divorce Law Faqs
When you file your divorce papers in Maryland, you need to be very specific about your cause of action or the courts won't accept it. The video below on grounds for divorce in MD will explain valid and invalid grounds for filing for divorce.
Click above to watch a video outlining the different grounds for divorce in the state of Maryland.
Finally, mediation is more effective when both parties meet certain criteria and are willing to work towards a solution. The video below explains some strategies and tips for getting the most out of your sessions with a divorce mediator.
Below are some of the most common questions we receive when discussing divorce mediation versus traditional divorce for our clients here in Maryland. If you have any further questions, be sure to download our mediation guide, explore our YouTube playlist of divorce and mediation videos, and call our law firm. We are here to help.
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Judges hear the evidence presented in a trial and make a decision that will decide the rest of your life. The evidence a judge considers in a trial is filtered by the Maryland Rules of Evidence.
At the end of a trial, a judge makes a decision on all issues. In other words, this judge controls what happens to you and your family. In reality, they have forms to fill out on children and financial matters and there are certain things they are not allowed to do.
Common areas where people can agree to mediation outcomes that are more flexible than what a judge can provide:
Watch the video below to learn more about divorce proceedings in Maryland and how your case would progress through the court system.
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Typically, this process takes between 10 and 24 months, depending on the complexity of the issues and how well everyone is working together.
Mediation is much cheaper than contested divorce litigation. In brokerage, you pay the broker's fee, which is usually their billable hourly rate. Mediation generally takes 2 to 6 hours of the mediator's time.
In divorce matters, you pay their hourly rate, but between travel, document preparation, legal research, depositions, conferences, and preparing for a contested lawsuit, you could be paying hundreds of hours of their time. : to get an uncertain result .
The sooner you take control, the sooner you will move in the direction you want your life to move in.
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Call our law firm today at 410.590.9401 to learn more about the divorce mediation and traditional divorce services we offer families in Maryland. Or click below to download our guide to divorce in Maryland. Send the invitation to Maryland by email, link or fax. You can also download, export or print it.
Working with documents with our comprehensive and intuitive PDF editor is simple. Follow the instructions below to complete the Maryland Divorce Summons online easily and quickly:
We have answers to our customers' most frequently asked questions. If you cannot find an answer to your question, please contact us.
There are two divorce processes. The emotional process can be divided into 5 stages: denial, anger, agreement, depression and acceptance.
General Information About Divorce
After filing the complaint, the clerk will issue a “summons”. You must then serve the summons, along with a copy of any divorce documents you served, on your spouse (the "respondent") through what is known as
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