How Long Does a Divorce Take in Maryland?
Divorce can be a difficult and emotionally charged process, and one of the most common questions individuals have is, "How long will divorce take?"
In Maryland, the duration of a divorce largely depends on several factors including the nature of the divorce, whether it's contested or uncontested, and the specific circumstances of the case. Understanding the timeline can help manage expectations and reduce anxiety.
Divorce, or "absolute divorce", occurs when a court legally ends your marriage. The court will enter an order, called a “divorce decree” or “decree.”
The order can also settle issues including:
alimony (spousal support)
how to divide your marital property
child support
child custody (also called parenting time and decision-making authority).
Addressing these issues in your divorce decree allows a court to take steps to enforce the terms of the order if you or your spouse do not follow them.
After your divorce is finalized, you and your former spouse can remarry.
Can I get a legal separation?
Maryland law changed in October, 2023, and now there is no such thing as a “legal separation” in Maryland.
According to the new law, if you and your spouse live separate live for at least six months, you can file for divorce based on the ground (legal reason) of a “6-month separation.”
What are legal reasons, or grounds, for divorce?
One spouse must prove that at least one “ground” exists before the court will grant a divorce. There are three grounds for divorce:
Mutual consent - You and your spouse can agree to divorce and sign a written agreement (called a marital settlement agreement) that resolves all issues related to alimony, marital property, and the care, custody, and support of any minor or dependent children.
6-Month Separation – You and your spouse have lived separate and apart, without interruption, for at least six months before filing a complaint for absolute divorce. You can still live under the same roof but must pursue separate lives. The separation can also be based on a court order, such as a protective order.
Irreconcilable Differences – You believe, or your spouse believes, that your marriage should end for reasons that cannot be resolved.
Tips on alimony:
Alimony, or spousal support, is a periodic support payment one former spouse makes to the other. Alimony can only be ordered before a final divorce decree is entered. You cannot ask for alimony after a divorce is final.
There are three types of alimony:
"Pendente lite alimony" - This is temporary support one spouse pays to the other while the divorce action is pending.
"Rehabilitative alimony" – This type of alimony provides support for a limited time or for a limited purpose. The goal is to provide one spouse with temporary support so they can become self-supporting.
"Indefinite alimony" – This type provides support to one spouse with no end point. This type of alimony is rare but may be awarded if, because of issues like their age, health, or disability, one spouse cannot make reasonable progress toward becoming self-supporting.
If you and your spouse cannot reach your own agreement about alimony, the court will decide for you. It will consider a variety of factors including the length of your marriage, your financial situations, how any marital property is divided, the reasons for your divorce, and your and your spouse’s ages and health.
Tips on marital property:
Marital property is property that you and your spouse acquired during your marriage. It does not matter how the property is titled or who paid for it. "Property" includes real estate, bank accounts, pension/ retirement accounts, vehicles, furniture and other personal property, and/or businesses.
Marital property does not include:
property one of you acquired before you got married
gifts or inheritances made only to you or your spouse
property you and your spouse agree are not marital
property traceable to any of the above sources, such as items purchased with money from an inheritance
Property can be part marital and part non-marital. A lawyer will help sort through this challenge,
If you and your spouse have children in common, the court can order that one spouse has exclusive use of the family home and grant a request for “family use personal property,” which are items used for family purposes like the family car, furniture, and household items. This often is awarded to the spouse who has primary physical custody of the minor children.
Tips on custody:
Your divorce decree can also address child support and custody.
Child support – Parents have an obligation to financially support their children. In general, a parent who has primary physical custody will receive child support payments. The amount of child support is based on the Maryland Child Support Guidelines.
Child Custody – Your divorce decree can address when your children spend time with you and your spouse and how decisions about your children will be made. "Legal custody" is the right to make the major decisions for the children and can be "joint" or "sole" or one parent may be awarded "tie-breaker" authority. Custody also concerns with whom the children reside.
If your spouse has filed for divorce:
If you are served a complaint for absolute divorce, you must respond by filing an "answer". The time line is as follows:
If you were served in Maryland, you have 30 days to respond
You have 60 days if you were served in another state
If you were served outside the U.S., you have 90 days.
If you don’t file you answer on time, your spouse can ask the court for an order of default. This would allow the divorce case to move forward without your participation.
Special Considerations for Military Divorces
For military personnel filing for divorce, there may be additional considerations regarding timelines due to duty commitments. These cases can involve specific laws, such as the Servicemembers Civil Relief Act, which may delay proceedings if one spouse is deployed.
Tips for a Smoother Divorce Process
While every divorce is unique, here are some tips that may help streamline the process:
Hire a qualified attorney: An experienced divorce attorney can navigate the legal complexities and help expedite the process by ensuring all paperwork is correctly filed and timely.
Be prepared with documentation: Gather all relevant documentation, including financial records, property deeds, and custody-related materials, beforehand to reduce delays during the discovery phase.
Communicate effectively: Open lines of communication with your spouse can help resolve contentious issues and reduce the likelihood of court involvement, shortening the timeline.
Stay focused on solutions: Approaching the divorce with a mindset geared toward resolution can facilitate quicker agreements, helping both parties move on with their lives more quickly.
Get Professional Guidance Through the Process
The timeline for divorce in Maryland can vary widely based on numerous factors, including the type of divorce and the complexity of the case. Uncontested divorces may take a few months, while contested cases can prolong for over a year or more, depending on negotiations and court availability. Understanding the process and actively engaging with qualified legal professionals can facilitate a smoother and more efficient divorce experience.
If you're facing a divorce in Maryland, consider reaching out to Kathleen M. Kirchner Attorney At Law for professional legal guidance. An experienced attorney can offer support, explain your rights, and help you achieve the best possible outcome for your family.