Before you get divorced, you should understand how the process works. Learn more about the two types of divorce by clicking here.
Divorce is a legal process of ending a marriage. In Maryland, different types of divorce can be pursued.
Understanding these types of divorce can help couples make informed decisions when they decide to end their marriage.
It is also necessary to understand Maryland’s divorce laws before choosing a divorce type.
Here, you can learn about the divorce options you have.
No-Fault Divorce
No-fault divorce is the most common type of divorce in Maryland. It does not require proof of any wrongdoing or fault by either party.
In a no-fault divorce, one spouse files for divorce and claims the marriage is irretrievably broken. This means there is no hope of reconciliation, and the marriage cannot be saved.
The other spouse does not have to agree to the divorce to be granted. The divorce process can be better understood with the help of a family law attorney.
Fault-Based Divorce
A fault-based divorce is a type of divorce that requires one spouse to prove that the other spouse is at fault for the breakdown of the marriage.
The most common grounds for fault-based divorce in Maryland are adultery, cruelty, desertion, and conviction of a felony. The spouse filing for divorce must provide evidence to support the allegations of fault.
This evidence can include witness testimony, photographs, or other documentation. Fault-based divorces can be more difficult and time-consuming than no-fault divorces because of the need to prove fault.
Limited Divorce
A limited divorce is also known as a legal separation. It is a type of divorce that does not end the marriage but allows the couple to live separately and make decisions about property, finances, and child custody.
In a limited divorce, the court can make temporary orders for child support, spousal support, and custody. A limited divorce can be a good option for couples unsure if they want to end their marriage but need time apart to work on their issues.
Absolute Divorce
An absolute divorce is the final type of divorce in Maryland. It is a legal termination of the marriage, which allows both spouses to remarry.
An absolute divorce can be obtained through either a no-fault or fault-based divorce. In an absolute divorce, the court can order property division, spousal support, child custody, and child support.
An absolute divorce can take several months or even years to finalize, especially if there are property or child custody disputes.
Collaborative Divorce
A collaborative divorce is a type of divorce where both parties work together to reach an agreement on the terms of the divorce.
Each party is represented by its own attorney, and other professionals, such as financial experts and child psychologists, may also be involved.
The goal of a collaborative divorce is to avoid litigation and reach an acceptable settlement for both parties. Collaborative divorces can be less stressful and expensive than traditional divorces, but they require both parties to be willing to work together and compromise.
Mediated Divorce
A mediated divorce is a type of divorce where a neutral third party, called a mediator, helps the couple reach an agreement on the terms of the divorce.
The mediator does not make decisions for the couple but helps them communicate and negotiate. Mediated divorces can be less expensive and less time-consuming than traditional divorces, but they also require both parties to be willing to work together and compromise.
Do-It-Yourself Divorce
A do-it-yourself divorce, also known as a pro se divorce, is a type of divorce where the couple handles the divorce proceedings themselves without the help of an attorney.
In Maryland, a do-it-yourself divorce is only possible if the couple has no minor children and agrees on all divorce terms.
The couple must file the necessary forms with the court and attend a hearing to finalize the divorce. Do-it-yourself divorces can be less expensive than traditional divorces.
How Do You Choose the Right Type of Divorce for Your Situation?
Choosing the right type of divorce in Maryland can be difficult, as it depends on various factors unique to each individual situation.
Here are some tips to help you choose the right type of Maryland divorce:
Determine Your Goals
What do you hope to achieve from the divorce? Are you looking to end the marriage quickly, or do you want to work towards an amicable resolution?
Do you have specific concerns about child custody or property division? Understanding your goals will help you choose the right type of divorce for your situation.
Consider Your Relationship With Your Spouse
Can you and your spouse communicate and work together to reach an agreement, or is there a lot of conflict and animosity between you?
If you can work together, collaborative divorce or mediated divorce may be a good option. A fault-based or traditional divorce may be necessary if there is much conflict.
Evaluate Your Financial Situation
Divorce can be expensive, and the cost can vary depending on your divorce type. If you have limited financial resources, a do-it-yourself or mediated divorce may be more affordable than a traditional one.
Think About the Impact on Your Children
Their well-being should be a top priority if they have children. Consider how each type of divorce will affect your children emotionally and financially.
Collaborative or mediated divorce may be less stressful for children than a traditional divorce.
Consult With a Qualified Family Law Attorney
An experienced family law attorney can help you understand your legal rights and options and guide you in choosing the right type of divorce for your situation.
Now You Understand the Types of Divorce Available in Maryland
Ultimately, the right types of Maryland divorce will depend on your unique situation and goals.
Taking the time to consider your options carefully and seeking the guidance of a qualified family law attorney can help you make informed decisions and achieve the best possible outcome for your divorce.
If you need help filing for divorce in Maryland, contact our office.