How to File For Divorce in Maryland

Divorce is an aspect of family law in Maryland and a legal provision for annulling marriages or separating couples, while resolving all other matters which might arise from such annulment or separation. There are two divorce processes in Maryland, both of which are regulated by the Maryland Judicial Authority. The first is the limited divorce, which is not a formal termination of marriage but permission for the two spouses to live apart while settling issues such as child support and finances. Limited divorce can be a precursor to divorce if a reason exists for the couples to live apart before an absolute divorce. The second is the absolute divorce, which terminates a marriage completely and settles all other matters related to an annulled marriage such as alimony, child support, child custody, jointly-owned debt, and property division. The National Centre for Health Statistics published Maryland’s divorce rate as 2.5 per 1,000 inhabitants in 2017.

The period it takes from the filing to the finalization of absolute divorce is dependent on two factors; the parties involved and the court in charge of the divorce case. If the two parties involved agree to the divorce and depending on the court’s workload, the process can take between one to three months. For a contested divorce, the process can extend to 18 months. A spouse intending to file for divorce must have enough information as sufficient ground must be established before the court. Knowledge of the state’s law and the court process will be valuable to anyone hoping to get a divorce as all the options and steps to take are made clear.

Do I need a Reason for Divorce in Maryland

To file for divorce in Maryland, the spouse seeking divorce has to establish sufficient grounds for the divorce before the court. If there is no suitable reason, the court will dismiss the request. The reasons needed for requesting a divorce are different for each of the two divorces in Maryland, and the requirements for a limited divorce cannot substitute for that of absolute divorce.

To file for a limited divorce, the two spouses have to fulfill one or some of the following to prove sufficient grounds exist to file for limited divorce:

• The exhibition of any form of cruelty to the complaining spouse or a minor child of the complaining spouse.
• Excessively vicious conduct of one spouse towards the other spouse or a child of the complaining spouse.
• Desertion of one spouse.
• Voluntary separation of both spouses and both spouses have no reasonable expectation of reconciliation.

The requirements to qualify for an absolute divorce are as follows;

• Mutual consent to the divorce called a “no-fault” ground. To be eligible for this, both spouses have to agree to the divorce and reach a settlement agreement.
• The commitment of one spouse to a mental institution after the certification of the spouse as medically insane by two competent psychiatrists.
• A spouse’s conviction on a felony or misdemeanor charge for which a sentence of incarceration is over three years.
• Proof beyond doubt of adulterous actions by a spouse.

The records contained in documents related to family court include both marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care in order to make changes in the future. The personal nature of these records results in both being considerably more difficult to find and obtain when compared to other types of public records. In many cases, these records are not available through either government sources or third party public record websites.

Why do I need a Divorce Lawyer?

The need for a divorce lawyer is dependent on the complexity of the divorce. A non-contested divorce in which no minor children or assets are involved can be resolved without the involvement of a lawyer. For divorces where there are assets, minors, financial or alimony concerns, the services a lawyer is required to yield a favorable outcome. The case can result in losses if one party is unaware of the rights to claim during a divorce and the other party does or possesses a lawyer. An attorney experienced with Maryland family law and specializing in divorces can be vital in a divorce process for filing the applicable forms and in court representations to obtain a favorable ruling.

How do I Get Started in a Divorce in Maryland?

Maryland divorce process starts with filing a divorce document with the local district court. The divorce form will contain a Complaint for Absolute Divorce form or a Complaint for Limited Divorce form. Other files included are the Civil - Domestic Case Information Report, a joint statement of the two parties regarding the marital and non-marital property, a settlement agreement form, and if applicable, a fee waiver form.

After the filing with the court, the court sends a copy of the documents to the other spouse, called service of process. Appropriate evidence in the form of affidavit must be sent to the court to prove that the files sent were received by the other spouse. The spouse served the divorced documents must respond to the documents either by admitting or denying the statements in the legal form. Also, the receiving party has the option of filing a Counter Complaint of Absolute Divorce or a Counter Complaint of Limited Divorce.

For contested divorce, the case will move to trial. Both parties will present evidence supporting individual claims, and the judge will make a decision based on the information received. No jury will be present at this trial. If any of the parties is dissatisfied with the ruling, the individual can appeal to a higher court.

How to File for Divorce in Maryland Without a Lawyer?

According to the Maryland Commission for Women, Legal Rights in Marriage & Divorce in Maryland, it is possible to file a divorce case that does not involve a child or property without a lawyer. Interested persons can obtain a legal form at the Circuit Court Clerk’s Office for free. All filings, requests, and if required, court appearances will have to be made by personal effort. Self-representing persons can also talk to free lawyers at the local Family Court Help Centre to obtain legal advice. These lawyers, however, cannot serve as legal representatives.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain, and are often sealed. Bearing these factors in mind, record availability for these types of records cannot be guaranteed.

How Does Maryland Divorce Mediation Work?

Mediation is an alternative to litigation, which allows the two spouses to come together and resolve disputes. The discussion between the partners in the presence of a professional mediator, who may or may not be a lawyer, is to reach an agreement. The agreement covers issues such as child custody, alimony, and property division. Mediation can be a voluntary process or court-mandated.

A mediation process starts with both spouses sitting together and discussing the issues that can arise from ending the marriage and attempting to reach an agreement, pleasing both parties. An attorney can be present during a mediation session. If both parties reach an agreement during the mediation, the mediator will draw up a settlement agreement that both parties will sign. The agreement will be submitted to a judge for review and a final decision.

A court can mandate mediation for both parties to discuss issues. A court-mandated mediation is compulsory and led by a court-appointed mediator. The process works similar to that of voluntary mediation, where the spouses discuss and attempt to draw up a settlement agreement. Mediation is effective for ending relations between separating partners in more amicable tones and allows for future collaboration. Mediation is often a preferred method in Maryland to litigation as it reports a high level of success and is easier, than the costlier and stressful litigation.

How Long After Mediation is Divorce Final in Maryland?

If the mediation process is successful and both parties reach a settlement agreement, the judge may approve the settlement. After approval, the judge goes ahead to dissolve the marriage. In total, the process takes between one to two months after the settlement agreement is submitted.

Are Divorce Records Public in Maryland?

Divorce records are not public information in Maryland and, as such, are not obtainable by the general public. The privacy of divorce records is maintained by the provisions of the Maryland Public Information Act, which restricts access to the divorce files. Hence, no part of a divorce record can be requested or received. Persons that can have access to public records in Maryland are the spouses involved and the legal representatives.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How do I Get Maryland Divorce Records?

Divorce records in Maryland are only retrievable by individuals such as;

• The registrants.
• The attorney with an authorized note from either spouse to obtain the file.
• The attorney who serves as the legal representation of either spouse with evidence proving this professional capacity.

Maryland divorce records are obtainable in person, through online request, or the mail. Divorce records in Maryland are maintained by the Division of Vital Records of the Maryland Department of Health. The information contained in the document is the name of the persons involved in the divorce, the date of the decree, the county where the divorce took place, and the type of divorce action involved (limited or absolute divorce).