How to file a divorce?

No matter if, you are the person seeking the divorce or the person on the other end, divorce is never a pleasant experience.  Understanding the procedure however and the steps involved may help to alleviate some of the anxiety associated with the experience.  Each state has specific laws and guidelines that must be followed, and depending on whether the divorce is contested or uncontested, may clarify the need for a legal expert.

• If you are filing for a divorce in Maryland, you must qualify for the residency requirements in order for the court to accept the case.  Maryland residency requires a one-year residence requirement if the grounds for the divorce occurred outside the state of Maryland, however, if either spouse is a resident of the state of Maryland, then they may file in the county in which either spouse resides.  If grounds for divorce are insanity, then the residency requirement is 2 years.
  
  
• The grounds for divorce must be established.  This is the lawful ground which both parties agree upon and can prove, or that which the plaintiff (filing spouse) desires to prove to the court.  The non-filing spouse is referred to as the Defendant. 

Grounds are the following:

One year’s mutual and voluntary separation – Living separate and apart for one year without interruption or engaging in sexual relations with each other.

Two year’s involuntary separation – Both parties have lived separate and apart without sexual relations or interruption

Adultery

Desertion – For one full year without legal cause, actual or constructive (you are forced to leave by the behavior of your spouse).

Conviction of a Felony or Misdemeanor – This requires incarceration for one year under a sentence of three or more years.

Insanity – Confinement to a mental institution for at least three years.

Cruelty of treatment toward the complaining spouse or a minor child of the complaining party

Excessively vicious conduct toward the complaining spouse or a minor child of the complaining party

Read more about grounds for divorce

• There are certain documents needed to begin and finalize the procedure in accordance with Maryland law.  Depending on the complexity of each individual divorce, more documents may be required throughout the filing process.  Some of these are:  Civil – Domestic Case Information Report, Certificate of Service (for Complaint), Marital Settlement Agreement, Financial Statement (Plaintiff), Answer to Complaint, and Request for Hearing .
  
  
• The first item to be filed with the Court is called the “initial pleading”, this is called a ProSe, along with and informational sheet.  If the Plaintiff is requesting any type of temporary support then a Financial Statement MUST be filed at the same time.
  
  At this time a summons is delivered to the Defendant.  This is commonly done by a Sheriff  or a person over 18 who is not a party to the divorce.  The defendant will then have 30 days to respond if they live in Maryland and 60 if they live out of state.  They may file an answer or other type of pleading responding to the summons.  If the Defendant does not respond then a Default Motion is filed along with an affidavit stating that the Defendant is not in the military.
  
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  Discovery takes place at this time.  A scheduling Order is set once both parties have filed their responses.  Discovery is when disclosure is made regarding financial matters and assets.  A Pendete Lite hearing is set to determine spousal support or child support, access to the marital home, etc.   A settlement conference may also be set to attempt to settle these issues and at this time, a trial date may be set.
  
  
• If things have not been settled before the trial date the master will determine support, division of property and grant the final divorce.  At this time, the former name of either party may also be restored if requested.  The Plaintiff and Defendant both have the right to appeal the decision of the Court to an Appellate Court if they are not satisfied with the decision of the lower Court.

Anyone facing the unpleasant experience and emotional and financial stress of a divorce should contact a legal expert experienced in the laws of Maryland in order to make the best decision for their future.             

 

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