What You Need to Know About Maryland Divorce Laws Before Filing
Have you been wondering about how Maryland divorce laws work? Discover the essentials you need to know to secure your rights before filing. Read more here.
Divorce is one of the most challenging decisions individuals in a marriage have to make. It’s often a culmination of significant consideration and mutual understanding to terminate a marriage. When it’s time to dissolve your union, you need all the facts about the divorce laws in your state.
According to the National Center for Health Statistics, the divorce rate in Maryland was 2.6 per 1,000 individuals in 2022. This statistic indicates that a divorce is a likely outcome of any marriage.
So, it’s important to have the necessary legal information if you and your spouse decide to get a divorce. There are specific grounds you must establish to get a divorce. Maryland divorce laws changed due to new regulations passed on October 1st, 2023.
Discover all you need to know about divorce regulations and procedures in Maryland.
How Maryland Divorce Works
You need to be a resident of the state to get a divorce in Maryland. Divorce proceedings in Maryland now recognize only one type of marriage dissolution: absolute divorce. The previous option that existed before the changes in law included limited divorce.
The necessary conditions you must meet to file for a divorce in Maryland include:
- You or your partner live in Maryland
- You have lived in Maryland for at least six months prior to your filing
- If the grounds for divorce occurred in Maryland, then there is no six-month requirement
You have to file your divorce papers in the circuit court within the county where you live. The divorce process also includes resolving issues such as child custody, spousal support, and property division. It’s essential to know all your options and understand how the law works to protect your kids and win any custody battles that may follow.
Grounds for Divorce in Maryland
Before the changes in the law, the state allowed couples to get divorced or separated through a limited divorce. A limited divorce allowed couples to evaluate the status of their marriage, and if they wished to continue, they could request the court.
Since October 1st, 2023, divorce regulations in Maryland have changed, and the grounds currently include the following:
Six-Month Separation
Under this condition, you and your spouse must have lived apart and separate lives for at least six months. Spouses may live under one roof but still pursue different lives, meaning they meet the conditions and can file for divorce.
Living separate lives is often interpreted as being together but
- Not participating in activities together
- Not engaging in marital relations
- Not sharing meals
The new law gives individuals the power to file for a divorce if they do not have the money to move out and live independently. However, according to the Maryland General Assembly, the grounds for separation are only valid if it’s not interrupted.
Mutual Consent
Maryland divorce laws also recognize mutual consent as a reasonable ground for terminating a marriage. When preparing for divorce, you and your spouse may mutually agree to a divorce and sign a written settlement agreement.
The settlement agreement will often touch on issues such as:
- Child custody and financial support
- Property division
- Maryland alimony
Mutual consent is only recognizable under divorce regulations in Maryland if neither party objects to the dissolution of the marriage.
Irreconcilable Differences
You can get a divorce when there are unresolved and irreconcilable differences within a marriage. The state of Maryland understands that couples may face situations that prove difficult to overcome.
Further, the state does not need proof of misconduct or fault to establish the grounds of irreconcilable differences. However, the spouse filing for divorce on these grounds must outline the specific issues or irreconcilable differences.
The couples don’t have to assign blame to either party for this ground to be valid. This means that you can get a divorce if your marriage is irretrievably broken and you or your spouse can’t repair it.
How to File for Divorce in Maryland
According to the United States Census Bureau, the national divorce rate 2021 stood at 6.9 per 1,000 women. Filing for a divorce in Maryland is much easier since the changes made in 2023.
Some of the steps you have to follow include:
Assess Maryland’s Requirements for Divorce
You need to establish that you or your spouse resided in the state for at least six months if the grounds for divorce occurred outside Maryland. Residential requirements are also necessary because they encompass the jurisdiction of the state over child custody matters.
Most divorces don’t happen by mutual consent. So, it can get very complicated to understand what you need to do to have a smooth experience and win the custody of your children. Reach out to a divorce attorney or family lawyer to help you through the process.
After establishing all requirements, you must file all necessary documents in court and pay a filing fee. You may ask the court to waive the fee if you can’t afford it.
The court with the jurisdiction over your divorce is the circuit court in your county. Create more than one copy of every document you file.
Prepare and Sign All Divorce Forms
There are several forms you need to complete if you’re the complainant. These include:
- Complaint for absolute divorce
- Civil Domestic Information Report
- Marital settlement agreement form if the divorce is by mutual consent
You can easily search for and download Maryland court forms from the webpage. Once you’ve completed these forms, you must serve your spouse. You can’t serve your spouse yourself; someone else must do it for you.
Collect evidence that your spouse has received the divorce files. Doing so entails getting a signed affidavit from the individual who served the divorce papers.
Response to Service
If you’re being served with divorce papers, you must prepare and respond within 30 days. You have 60 days to file your response if you’re outside Maryland and 90 days if you’re outside the country.
You’ve to check all the boxes on the documents, agreeing or disagreeing with the statements made by your spouse. Under a mutual consent law, you’ve to agree with every statement. You have the option to file a counter-complaint if there are issues you want to be addressed or if you want a different type of divorce.
When responding, file everything with the court and mail copies to your spouse. If you fail to respond despite receiving service, the process will continue under a default divorce. This means you will relinquish your right to a hearing, making it possible for the other party to get anything they want.
Finalizing the Divorce
The process of finalizing a divorce can get tricky if it’s a contested process. If there is no mutual agreement, you’ll go through the following:
- The process of discovery
- Court hearings
- Participation in mediation for matters such as custody or visitation
- Trial process if you’re unable to find a resolution
Even if your divorce is by mutual agreement, get legal assistance. Lawyers understand divorce procedures and child custody laws in Maryland. Attorneys can leverage their experience and expertise to protect your interests before and during the divorce.
What to Do Before Filing for a Divorce in Maryland
It’s impossible to learn all you can about Maryland divorce laws before filing for a legal dissolution of your marriage. Some of the steps you need to follow before filing for a divorce include the following:
Hiring a Lawyer
A lawyer can answer all your questions and help you understand how to navigate the divorce proceedings in your favor. For instance, we can help you understand who has to pay child support. We can also help you know who keeps custody of the children.
Consult a lawyer specializing in divorce or family law to ensure that the unique details of your case aren’t used against you. A family lawyer can help you before and after the divorce, especially in the event of parental alienation.
A lawyer can also walk you through different grounds of divorce and streamline the process of filing all the necessary paperwork. Having legal representation will also help you avoid making costly mistakes during the divorce process.
Limit Social Media Use
Divorce proceedings and child custody hearings in Maryland rely on evidence. What you post on social media may get used against you, especially on matters such as property division and alimony.
Again, having a lawyer by your side is great because you can get counsel on what to post and avoid. For instance, your lawyer will advise you not to post about the divorce on social media.
Prepare Your Financial Documents
Before a divorce, you’ll need to disclose your financial statements. This step is usually done because of matters such as alimony and child support payments. A lawyer can help you prepare your financial documents and make disclosures to minimize the amount or duration of paying alimony.
Learn Maryland Divorce Laws Today
Terminating a marriage is a difficult decision, and navigating the divorce proceedings can be overwhelming without legal representation. Maryland divorce laws have undergone significant change since 2023.
So, if you’re thinking about dissolving your marriage, reach out to Blattner Family Law Group. Our team of lawyers is detail-oriented and compassionate and will create an individualized plan that allows you to get through any legal challenge.
Contact us today for a free consultation.