Can You Get a Divorce in Maryland Without a Lawyer?

It’s not impossible, but here’s the catch—going through a divorce without a lawyer in Maryland is much like sailing without a captain: it can be done, but the chances of hitting rocky waters are high. It might sound appealing—no legal fees, no waiting for appointments—but there are significant things to consider before deciding if a do-it-yourself divorce is right for you.

The DIY Divorce Temptation

In Maryland, just like many states, the option for a "pro se" divorce exists. "Pro se" means that you represent yourself, and you don’t have an attorney guiding you through the court process. This route is often chosen for one simple reason: it’s cheaper. Divorce attorneys can be expensive, and for couples who are splitting amicably, spending thousands on lawyers can seem unnecessary.

But here’s the kicker: even the friendliest divorce can take unexpected turns, and legal guidance may be essential in those moments. Without proper legal knowledge, small mistakes can lead to costly delays, unfair settlements, or losing out on what you deserve.

Understanding Maryland Divorce Laws

Before diving into a DIY divorce, it’s crucial to understand the laws governing divorce in Maryland. Maryland requires a legal reason, or "grounds," for divorce. These grounds include adultery, cruelty, desertion, and a few other options, including mutual consent, which is the easiest for uncontested divorces. Mutual consent means both parties agree on all aspects of the divorce, such as child custody, property division, and alimony.

For those opting for a mutual consent divorce, the process can be straightforward. However, even with mutual consent, certain documents need to be filed correctly, including a Complaint for Absolute Divorce, a financial statement, and a settlement agreement.

The Court’s Expectations

Once your paperwork is submitted, you still have to show up to court. Yes, even if everything is agreed upon, the judge will need to approve your settlement. This is where things can get tricky without a lawyer. The judge will scrutinize your agreements, especially when it involves child custody or support. If they feel the arrangements are not in the best interest of the child, they might reject it, sending you back to square one. A lawyer would ensure these agreements are ironclad before you ever set foot in court.

What If You Don’t Qualify for Mutual Consent?

If you and your spouse don’t meet the criteria for a mutual consent divorce (for example, if you can’t agree on property division or child custody), you’ll have to file based on other grounds, which can complicate things. Grounds like desertion or cruelty require proving certain facts to the court, which can be incredibly challenging without a legal background. In these cases, the absence of a lawyer can significantly slow down the process or lead to unfavorable outcomes.

Child Custody and Support

One of the most challenging aspects of a divorce without legal counsel is dealing with child custody and support. In Maryland, the court’s primary concern is the best interests of the child. Without proper legal guidance, you might unintentionally agree to custody or support terms that aren’t fair or in line with Maryland law.

For example, you might agree to a child support amount that seems fair, but if it’s not in line with Maryland’s Child Support Guidelines, the judge might reject it. Worse yet, you might agree to terms that heavily favor your ex-spouse, leaving you financially burdened for years to come.

Division of Property and Debt

Maryland is an equitable distribution state, meaning that marital property is divided fairly, but not necessarily equally. Without a lawyer, it can be difficult to determine what constitutes marital property and what doesn’t. For example, if one spouse owned a home before marriage, but both contributed to the mortgage, does the home get split? What about debt accumulated during the marriage?

These are complex questions that, without a lawyer, can lead to costly mistakes. You might agree to a settlement that seems fair at the time, but could end up regretting it later on.

Filing Paperwork

Filing for divorce involves a lot of paperwork. In Maryland, some of the key documents include:

• Complaint for Absolute Divorce
• Financial statements
• Settlement agreement (for mutual consent divorces)

While the court provides some guidance on filling out these forms, mistakes can lead to delays or even a dismissal of your case. One missed signature, one wrong date, and you could find yourself having to refile. A lawyer’s job is to ensure these forms are completed correctly, saving you time and frustration.

Are There Any Benefits to Going Without a Lawyer?

It’s not all doom and gloom. If you and your spouse are on amicable terms and have a clear agreement on everything, going without a lawyer can save you thousands. In uncontested cases, where both parties are fully aligned, the process can be straightforward, and the court is often willing to approve settlements with minimal intervention.

Some couples choose to use a mediator instead of a lawyer, which can be a cost-effective way to settle disagreements without involving the court. However, even with a mediator, it’s still a good idea to have a lawyer review the final settlement.

The Risks

The biggest risk in a DIY divorce is the unknown. There are legal pitfalls that the average person simply doesn’t know about. Even if everything seems to be going smoothly, a single misstep can lead to future legal battles, financial loss, or custody issues.

It’s also important to remember that divorce is an emotional process. It’s easy to make decisions based on anger, guilt, or a desire to “just get it over with.” A lawyer can provide a rational perspective, ensuring that your decisions are made in your best interest and not out of emotion.

When to Consider a Lawyer

If your divorce is complicated in any way—whether due to assets, children, or an uncooperative spouse—a lawyer is highly recommended. A contested divorce can drag on for months or even years, and without a lawyer, you could end up spending far more in time, stress, and money than you would have on legal fees.

The Bottom Line

Yes, you can get a divorce in Maryland without a lawyer, but it’s not always the best idea. If your divorce is simple, amicable, and uncontested, a DIY divorce might save you some money. But for most people, the guidance of a lawyer is invaluable, especially when it comes to children, property, or disagreements. Divorce is a life-changing event—make sure you’re doing it right.