How Fast Can You Divorce in Maryland?

In Maryland, the divorce process can vary significantly depending on several factors, including the type of divorce you file for, the level of agreement between the parties involved, and the specific circumstances surrounding the case. In this comprehensive guide, we'll explore the different aspects of divorce in Maryland to give you a clear understanding of how long it might take and what to expect.

Types of Divorce in Maryland
Maryland recognizes two main types of divorce: absolute divorce and limited divorce. An absolute divorce is what most people think of as a divorce, ending the marriage permanently, while a limited divorce is more akin to legal separation and does not end the marriage. For the purposes of this guide, we'll focus on absolute divorce.

1. Uncontested vs. Contested Divorce
The speed of a divorce in Maryland largely depends on whether the divorce is contested or uncontested:

• Uncontested Divorce: This occurs when both parties agree on all major issues such as property division, child custody, and alimony. If both parties can reach an agreement, the process can be relatively swift. Typically, an uncontested divorce can be finalized in as little as 60 to 90 days from the date the divorce petition is filed, provided all paperwork is completed accurately and promptly.

• Contested Divorce: If the parties cannot agree on one or more issues, the divorce becomes contested. Contested divorces can take significantly longer to resolve, often several months to over a year, depending on the complexity of the issues and the court's schedule. The resolution involves court hearings, negotiations, and possibly a trial if a settlement cannot be reached.

2. Residency Requirements
To file for divorce in Maryland, at least one of the spouses must have been a resident of the state for at least one year prior to filing. If the grounds for divorce occurred in Maryland, only six months of residency is required.

3. Grounds for Divorce
Maryland allows for divorce based on several grounds, which can affect the duration of the process:

• No-Fault Grounds: This includes the separation of the spouses for at least 12 months with no cohabitation during that period. If the separation requirement is met, the process can be expedited as there is no need to prove fault.

• Fault Grounds: These include adultery, desertion, imprisonment, and cruelty. Fault-based divorces may require more time as they involve proving the allegations in court.

4. Legal Process and Timeline
Here’s a general timeline for the divorce process in Maryland:

• Filing the Complaint: The process begins with filing a complaint for divorce. This includes preparing and submitting the necessary legal documents.

• Serving the Complaint: The complaint must be served to the other spouse, who then has 30 days to respond.

• Discovery and Negotiation: During this phase, both parties gather information and negotiate terms. This can take several weeks to months, depending on the complexity of the case.

• Pre-Trial Hearings: If the case is contested, pre-trial hearings may be scheduled to address preliminary matters. These can add to the overall timeline.

• Trial: If the case goes to trial, it could extend the process by several months. Trials involve presenting evidence and testimony before a judge.

• Final Judgment: Once all issues are resolved, the court issues a final judgment. The time it takes for this judgment to be entered can vary.

5. Potential Delays
Several factors can cause delays in the divorce process:

• Incomplete Paperwork: Errors or omissions in the paperwork can lead to delays.

• Court Backlog: The court’s schedule and backlog can impact the timeline.

• Disagreements: Prolonged disputes over property, custody, or other issues can extend the process.

6. Cost Considerations
The cost of divorce can also impact how quickly you can finalize it. Uncontested divorces are generally less expensive and quicker, while contested divorces can involve significant legal fees and other costs.

Conclusion
While an uncontested divorce in Maryland can be finalized relatively quickly, a contested divorce can take significantly longer. By understanding the factors that affect the divorce process, you can better navigate the timeline and manage expectations.

Summary Table: Typical Divorce Timelines

Type of Divorce	Estimated Duration
Uncontested Divorce	60 to 90 days
Contested Divorce	Several months to over a year
Fault-Based Grounds	May extend duration
No-Fault Grounds	12 months separation required