The very thought of divorce creates terrible visions: terrible arguments with your spouse, time out for controversial trials, and legal fees that seem to get higher over the course of the days. But that’s only the worst case. If you and your spouse are able to treat each other politely, there is a good chance that you will solve the problems and get a divorce, which will save you time and money.
This article explains undisputed divorces in Maryland. If you still have questions after reading this article, contact an experienced family law attorney.
Requirements for divorce in Maryland There are some preliminary rules that must be met before you can get a divorce in Maryland. First, you must provide the court with a “reason” or a legal reason for the cause of the divorce. Maryland recognizes a number of reasons based on mistakes, including adultery, desertion, criminal conviction, madness, and cruelty to a spouse or child. However, if you choose one of these reasons, you will likely have a dispute with your spouse.
You can choose another option: you and your spouse have been separated and have not lived together for 12 months. Choosing this separation option instead of assigning an error may work best if you and your spouse try to solve legal problems together. Second, you have to meet residence requirements. There are two ways to do this.
If the reasons for the divorce occurred in Maryland, there is no residence requirement, except that you or your spouses currently live in Maryland. However, if the reasons for the divorce are outside of Maryland, you or your spouse must have lived in Maryland for an entire year before you can apply for a divorce. Third, you must file your case with the district court, which is in the county where you or your spouse live, are regularly employed, or do business.
What is an Undisputed Divorce in Maryland? An uncontested divorce simply means that both spouses agree on all the important conditions of the divorce. Although the rules may vary from county to county in general, the couple must do the following to apply for an uncontested divorce:
Give the reason for the divorce Enter the date of separation have no children have no property, and Waive maintenance. Alternatively, they can indicate that they have a signed separation agreement that addresses these issues.
You will attend a short hearing where the court will review the separation agreement to ensure that custody and maintenance provisions are in the child’s best interest.
Maryland also offers an uncontested divorce agreement that allows couples to file for divorce through no fault of their own, meaning that neither party has caused the breakdown of the marriage. In the case of divorce by mutual consent, spouses need not prove that they have been separated for at least one year. Therefore, couples can use this method if they do not want to wait for the separation period. Where am I going to get started? You are responsible for knowing where to put your papers.
If you submit in the wrong place, your case may be dismissed or transferred, and you may have to start over. The Maryland Courts have a website where you can identify each jurisdiction by county.
The Maryland Entry Court is the district court that treats less serious cases such as offenses, small claims, and offenses. The next level is the circuit courts, which are also trial courts.
They take care of more serious matters, including divorces. Each county and city of Baltimore is assigned to a county court. You need to identify the right dish before you start divorce. The undisputed divorce process the first thing the plaintiff (the spouse who starts the divorce) has to do is find the right forms and fill them out. There are very detailed instructions that you need to follow carefully. Take your time and work carefully. Type everything on a computer, or write or print neatly.
If you rush through the papers and make mistakes, your divorce may be delayed. You are welcome to speak to the clerks who work in the courthouse, but remember that they cannot give you legal advice. You may be able to get additional help or information about Maryland Legal Aid: Divorce Issues or Maryland Courts: Divorce Process Information. If you have any questions, you need to contact a family law attorney.