How Fast Can You Get Divorced in Maryland?

In the state of Maryland, the timeline for obtaining a divorce can vary significantly based on several factors, including the type of divorce and the complexity of the case. Here, we will explore the different types of divorces in Maryland, the legal requirements, and the estimated timeframes for each. We will also discuss factors that can expedite or delay the divorce process. By understanding these aspects, individuals can better navigate their way through this challenging period.

Types of Divorces in Maryland

In Maryland, there are two main types of divorce: absolute divorce and limited divorce.

1. Absolute Divorce

An absolute divorce is a complete dissolution of the marriage, which legally ends the marriage and allows both parties to remarry. There are several grounds for an absolute divorce in Maryland:

• Adultery: One spouse has engaged in a sexual relationship with someone outside the marriage.
• Desertion: One spouse has abandoned the other without justification for at least 12 months.
• Separation: The couple has been living apart for 12 months without interruption.
• Insanity: One spouse has been declared insane and has been institutionalized for at least 3 years.

2. Limited Divorce

A limited divorce does not legally end the marriage but allows the couple to live apart and resolve certain issues, such as child custody or alimony. This type of divorce may be granted under grounds similar to those of an absolute divorce but is typically used when the couple is not yet ready for an absolute divorce.

Timeline for Absolute Divorce

The time it takes to obtain an absolute divorce in Maryland depends on several factors:

• Uncontested Divorce: If both parties agree on all terms, including property division, child custody, and alimony, the process can be relatively quick. The timeline may range from 2 to 4 months from the filing of the divorce petition to the final decree. This is the ideal scenario and assumes there are no delays in court processing.

• Contested Divorce: If the parties cannot agree on all terms, the process can be significantly longer. A contested divorce involves negotiations, hearings, and potentially a trial. This can extend the timeline to 6 to 12 months or even longer, depending on the complexity of the case and the court's schedule.

Factors Affecting the Timeline

Several factors can influence the duration of a divorce in Maryland:

• Complexity of the Case: Cases involving significant assets, complex financial matters, or disputes over child custody can take longer to resolve.
• Court Caseload: The workload of the local court can impact processing times. Courts with heavier caseloads may experience delays.
• Mediation and Negotiations: Whether the parties opt for mediation or need to go through extensive negotiations can affect how quickly the divorce is finalized.
• Filing Errors: Mistakes or omissions in the divorce paperwork can lead to delays. Ensuring all documents are accurate and complete can help expedite the process.

Steps in the Divorce Process

1. Filing the Petition: The process begins when one spouse files a divorce petition with the court. This document outlines the grounds for divorce and any requests for relief, such as property division or custody arrangements.

2. Serving the Papers: The petitioning spouse must serve the divorce papers to the other spouse, who then has an opportunity to respond.

3. Discovery: Both parties exchange information and documents related to finances, property, and other relevant issues.

4. Negotiations: The parties may negotiate terms of the divorce, often with the help of attorneys or mediators.

5. Court Hearings: If the parties cannot reach an agreement, the case may go to court, where a judge will make decisions on contested issues.

6. Final Decree: Once all issues are resolved, the court issues a final divorce decree, legally ending the marriage.

Conclusion

The speed at which one can get divorced in Maryland largely depends on the type of divorce and the specifics of the case. An uncontested divorce can be finalized relatively quickly, while a contested divorce may take significantly longer. By understanding the process and potential delays, individuals can better prepare for and manage their divorce proceedings.