2024 How Long Does a Divorce Take in Maryland?

How long does a divorce take in Maryland? This may be an important question you are deliberating if you are a Maryland resident going through or are expecting to go through a divorce. Divorce can be a complicated concept, and legal requirements can vary from state to state. It is important that you speak with an experienced local attorney to ensure that you meet all the necessary requirements of the state of Maryland so that your divorce proceedings are not slowed down.

Maryland State Divorce Requirements

The state of Maryland has a few requirements that must be met in order for a couple to get divorced. Those requirements include:

• Residency requirement. To successfully file a divorce, at least one of the spouses must have been a Maryland state resident for at least one year.
• Separation period requirement. Spouses must live separately for at least six months before they may file for divorce.

If the residency and separation period requirements are met, spouses may submit their divorce agreement. Divorces can typically be finalized within one to four months, depending on whether the divorce is contested or uncontested. Other factors that can affect the timeline of divorce include the availability of judges, the caseload of the specific court, and the cooperation level of the divorcing spouses.

Contested vs Uncontested Divorce

One of the most important factors that can influence the time it takes to finalize a divorce is whether or not the divorce is contested or uncontested. It is crucial to understand the difference between the two.

• Contested divorce. A contested divorce occurs when the parties cannot agree on aspects of the divorce agreement. This could include disagreements over child custody, child support, alimony, property division, or any other divorce topic. Typically, in a contested divorce, one party files the divorce petition with the courts, and the other spouse is served the divorce papers. Contested divorces naturally take longer to resolve than uncontested divorces on average.
• Uncontested divorce. In an uncontested divorce, both spouses agree to all of the terms of the divorce agreement. Uncontested divorces must still be filed with the court, but they naturally require less back and forth, and the process can be completed in roughly six months.

FAQs

Q: How Long Does a Couple Have to Be Separated in Maryland to Get a Divorce?

A: Under Maryland state law, spouses have to live separately for six months without interruption before they may file for a divorce. During this six-month separation, the spouses are permitted to live under the same roof, but they must live physically separate and pursue separate lives. This separated living arrangement could also be based upon a court order, such as a protective order. The separation requirement is intended to allow the spouses time to possibly reconcile their differences. If the marriage is deemed irreconcilable, then they may pursue divorce.

Q: What Is the Fastest Way to Get a Divorce in Maryland?

A: The fastest way to get a divorce in Maryland is to file an uncontested, no-fault divorce. An uncontested divorce means that both spouses agree to the terms of the divorce. In this situation, the spouses may submit a written marital settlement agreement once they have mutually agreed to the details of the divorce. It is important to note that couples must still satisfy the state’s mandatory six-month separation period. After the separation, the spouses may submit their divorce petition to be finalized before a judge.

Q: What Is the Waiting Period for Divorce in Maryland?

A: The waiting period for divorce in Maryland is six months. Both spouses must live separately, without interruption, for at least six months before they may file for an absolute divorce. As specified under Maryland state law, living separately may be defined as all parties living separately and apart, even if residing under the same roof or in accordance with a court order. Once the divorce is filed, a judge may approve and finalize the divorce, making both spouses free to remarry.

Q: How Much Does a Divorce Cost in Maryland?

A: The cost of a divorce in Maryland can vary depending on several factors. The first cost to consider is the court filing fee. The Maryland court filing fee can typically be around $165. This fee encompasses the initial divorce paperwork needed to start the divorce process with the courts. There are also attorney fees to consider. These fees can vary significantly, depending on the complexity and cooperation level of the spouses in the divorce.

Q: How Can a Divorce Lawyer Help?

A: A divorce lawyer can help in several ways. A divorce lawyer can help review your situation with your spouse, provide any necessary mediation, ensure that you meet the appropriate state mandates, and guarantee that your divorce paperwork is filed properly and on time. The state of Maryland can have specific requirements that must be met in order to successfully process a divorce, and an experienced divorce lawyer can help ensure you meet all of those requirements. A lawyer can also help with litigation if your divorce requires it.

An Attorney Who Can Help

Going through a divorce can be a difficult process for all parties that are involved. In many cases, everyone wants the divorce proceeding to be completed as soon as possible. However, there are strict state guidelines and requirements that must be met before the divorce can be finalized. If you are going through a divorce or are expecting to go through a divorce in the near future, it is highly recommended that you engage an experienced divorce attorney for help.

At the Law Offices of Todd K. Mohink, PA, our legal team has the experience needed to help individuals successfully process their divorce. We have a demonstrated history of helping people all across the state of Maryland with their divorce proceedings. With the help of our legal team, you can rest assured that all the necessary legal work will be completed promptly and efficiently. Contact us today to speak with a legal team member for help.