Because each state has the right to draft its own laws for family law issues, couples moving to Maryland from another state cannot expect that what applied in one state will apply here. Everything from divorce to child custody may be different from state to state, leaving most people less knowledgeable when it comes time to go to court than they thought.
Thankfully, family law attorneys like Dwight W. Clark are here to answer your questions and represent you in court if necessary. One such question that may be on your mind right now is: what can I expect in a Maryland divorce? In today’s post, we’re going to answer this question by taking at look at the divorce process here in our state.
In Maryland, couples must meet certain conditions before they are allowed to dissolve their marriage such as having grounds for divorce. If a couple does not meet the grounds for divorce requirement that is outlined in our state’s laws, then the courts will require a couple be separated and living apart for no less than 12 consecutive months. Couples in Maryland do not need to be separated to file for divorce, but a divorce will only be granted if they meet the grounds for divorce requirement or the separation requirement.
Because a divorce in Maryland can only be granted by the courts, a spouse who files for divorce is required by law to serve their partner with papers that issue a court summons. Spouses and their attorneys — if they so wish — will present evidence to the court, as well as any witnesses, that support the grounds for divorce.
It’s worth noting that litigation concerning divorces can be incredibly lengthy in some cases, especially in instances where children are involved or if the couple has complex assets that are difficult to divide according to our property division laws. In the end, if a couple can’t reach an agreement on the elements of their divorce, a trial is then ordered, which grants a Maryland judge the final say on the remaining issues.
As you probably guessed, you don’t have to go through this complex process on your own. You can seek a lawyer’s help, which is something most are encouraged to do.
Source: Maryland Courts, “Family,” Accessed May 27, 2015