Are there any factors that could impact the length of time it takes to get a divorce in Maryland?
How Long Does It Take to Get a Divorce in Maryland?
If you are contemplating getting a divorce in Maryland, you may be wondering how long you will have to wait until the final decree is granted. The answer is, it depends on the specific circumstances of your case. There are various factors that can impact the duration of the divorce proceedings and the complexity of the process. In this article, we will discuss everything you need to know about getting a divorce in Maryland, including the timeline, requirements, and tips to expedite the process.
Factors That Affect the Length of Divorce Proceedings in Maryland
Several factors can impact how long it takes to get a divorce in Maryland, including:
- The grounds for divorce
- The contested issues in the case
- The court’s schedule and workload
- The number of assets and debts to be divided
- Whether the couple has children, and if so, their custody and support arrangements
- Whether the couple has a prenuptial or postnuptial agreement
The Timeline of a Divorce in Maryland
The timeline of a divorce in Maryland varies depending on whether it is a contested or uncontested case and whether the parties have agreed on the terms of the divorce, such as property division, alimony, child custody, and support. Here is a general timeline:
Uncontested Divorce
- File a complaint for absolute divorce and serve the other party: 1-2 weeks
- The other party files an answer: 30 days
- File a motion for a hearing: 3-4 weeks
- The hearing takes place: 1-2 months after the motion is filed
- The final decree is issued: 2-3 weeks after the hearing
Contested Divorce
- File a complaint for absolute divorce and serve the other party: 1-2 weeks
- The other party files an answer: 30 days
- Discovery phase: 3-6 months
- Settlement negotiations or trial: 9-12 months after filing
- The final decree is issued: 2-3 weeks after the trial or settlement agreement
Requirements for Divorce in Maryland
To file for divorce in Maryland, you or your spouse must meet the following requirements:
- Either you or your spouse must have been a resident of Maryland for at least six months before filing for divorce
- You must have grounds for divorce, which can be based on fault or no-fault.
- You must have a written settlement agreement or have resolved all matters between you and your spouse, including property division, alimony, child custody, and support.
Tips to Expedite Your Divorce in Maryland
If you want to speed up your divorce process, here are some tips to consider:
- Try to reach an out-of-court settlement with your spouse, as it will save both time and money.
- Provide all necessary documents and information to your attorney as soon as possible, so they can prepare your case without delays.
- Be cooperative and responsive to court requests and deadlines.
- Avoid unnecessary disputes and arguments that can prolong the proceedings.
Conclusion
Getting a divorce in Maryland can take anywhere from a few months to over a year, depending on the specific circumstances of your case. By understanding the factors that can affect the duration of the process and taking the necessary steps to expedite it, you can minimize stress and get through this difficult time as smoothly as possible.
Do You Have Any Tips for a Smooth Divorce Process?
Getting divorced can be a challenging process, but for those in the state of Maryland, it might seem even more daunting because of the complexity of the process. In Maryland, there is a minimum period of time one must wait before a divorce is finalized, depending on the grounds for the divorce.
A no-fault divorce may be granted in Maryland if the spouses have lived separate and apart continuously for at least 12 months, regardless of where either party resides. If the divorcing couple has minor children, they must wait at least 18 months.
A fault divorce based on adultery, abuse, or abandonment can be granted in Maryland with a shorter waiting period, such as 6 months. This shorter time frame may still be subject to the court’s discretion.
Though the waiting period in Maryland is longer than some other states, once the proper wait time is completed, the divorce can be finalized relatively quickly. Typically, a dissolution of marriage will take between one and two months to complete after all the proper forms have been filed. It is important to note that some cases may take longer than this.
It is best to discuss the divorce process with a lawyer as soon as possible to ensure that the process is handled properly and the required filing for the court are submitted according to Maryland’s laws. Seeking advice from a lawyer may also help to speed up the process by ensuring that all the necessary paperwork is filed correctly and on time.
Overall, the total time it takes to get a divorce in Maryland depends on the circumstances of the situation, but generally, the process can take between one and two months, with a minimum wait period of 12 months for no-fault divorces. Those seeking a faster dissolution should consider basing their divorce on fault grounds, such as adultery, abuse or abandonment.