Divorce cases in Maryland are handled by the Circuit Court in each county. Divorce laws vary significantly from state to state; in cases where spouses live or are able to move to different states, it is often beneficial to compare likely outcomes in the different courts.
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Requirements
To bring any type of divorce case in Maryland, either party must be residing in the state for six months without interruption, or the grounds for the divorce must have occurred within the state.
Maryland has several grounds for an “absolute divorce” that ends a marriage, including:
- Mutual consent (the parties have signed an agreement resolving all issues between them)
- Separation for 12 months (living in separate residences without interruption and without sexual intercourse)
- Adultery
- Cruel or excessively vicious conduct against the plaintiff or their minor child
- Criminal conviction with a sentence of 3 years, of which the spouse has already served 12 months
- Insanity resulting in confinement for at least 3 years and with no hope of recovery
In cases of separation for less than 12 months, it is possible to start a limited divorce process to resolve child custody, child support, and alimony, then request an absolute divorce once the 12 months have passed to resolve property issues and end the marriage.
Mutual Consent Divorce
To obtain an uncontested divorce, the parties must have resolved all of their issues related to property, support, and children. This is usually done through a written settlement agreement. The uncontested divorce requires a hearing before the Circuit Court, which typically occurs one to two months after the uncontested divorce is requested. If child support is an issue, the parties will need to demonstrate that the agreed child support meets state guidelines.
Contested Divorce
The process for a contested divorce is generally as follows:
- The plaintiff files a complaint with the Circuit Court.
- The court issues a summons and sets a date for the initial hearing (usually 45 to 60 days from the complaint).
- The plaintiff serves the summons, complaint, and notice of initial hearing on the defendant. Additional time may be allowed if necessary (for example, if the defendant lives outside the United States).
- Following service, the defendant has 30 days (if service takes place in Maryland), 60 days (if service takes place elsewhere in the US), or 90 days (if service takes place overseas) to respond with an answer stating whether they agree or disagree with their spouse’s contentions.
- At the initial hearing, the court will set the future hearing dates and discovery deadlines for the case. Depending on the scope of the spouses’ disagreements, the court may order alternative dispute resolution or parenting classes.
- The parties will usually exchange discovery requests prior to trial, including interrogatories, requests for documents, requests for admissions, and requests for depositions.
- Any contested issues will be resolved before a judge at a bench trial (trial without a jury). Cases with both child custody and financial issues are generally split into two separate trials. Almost all divorce cases are resolved within one year of filing.
If the parties reach an agreement during this process, the case can be converted to a mutual consent divorce and resolved with a single hearing.
Child Custody
Maryland has separate concepts of legal custody (decision making authority) and physical custody (the right to be with the child). In some jurisdictions such as the District of Columbia, there is a rebuttable presumption of joint custody, meaning that a party seeking sole custody has an additional burden to show evidence that sole custody is more appropriate in the circumstances. This is not the case in Maryland.
Child Support
Like most other US jurisdictions, Maryland has child support guidelines based upon the custody situation, the incomes of the parents, and any special needs of the child. Child support is payable until the child reaches the age of 18 or upon high school graduation. Child support may be modified if there is a change in the child’s needs or a party’s ability to pay.
Maryland guidelines generally result in amounts close to those under District of Columbia guidelines, although the District of Columbia requires child support to be paid until the age of 21. Virginia guidelines generally result in much lower amounts than Maryland guidelines.
Alimony
Alimony is additional financial assistance needed by a spouse for their own support. While it is often incorrectly perceived as a “penalty” or “compensation” from a wrongdoing spouse, it is primarily based upon the receiving spouse’s financial need. Maryland generally treats alimony as rehabilitative, meaning that it is meant to cover the spouse’s needs while they become self-supporting, typically for a period of a few years. Indefinite alimony is possible when the spouse is unable to become self-supporting or when there would otherwise be an unconscionable disparity in the spouses’ incomes.
As is the case in most other states, there are no formal alimony guidelines in Maryland; alimony is at the discretion of the judge and is very fact-specific. A spouse seeking alimony will need to explain their current income, their potential income, the steps needed to achieve their potential income, and any special financial needs they have. Maryland courts and lawyers often use a complex alimony formula devised by the Kaufmann Center at the University of Maryland to calculate an equitable amount and term of alimony based on the recipient’s age, income, and education level, and the number and age of their children. Under this formula, the term of alimony is typically limited to 5 to 8 years unless the marriage was longer than 25 years (in which case permanent alimony may be available). However, this formula is not “official” and does not have the force of law, so judges are free to ignore it.
Marital Property
Following a divorce, spouses are able to keep “separate property” that was either acquired by them before the marriage, or acquired during the marriage by a gift, bequest, devise, or descent from another person. All other property, regardless of title, is generally considered to be marital property that needs to be divided equitably. This rule differs from jurisdictions such as the District of Columbia that place a greater emphasis on whether legal title is joint or separate.
Marital property continues to accumulate during the divorce proceeding until the divorce is final, although it may stop accumulating at an earlier time if a spouse is no longer contributing to the marriage. The District of Columbia also generally cuts off accumulation of marital property upon divorce, but Virginia cuts off accumulation of marital property upon separation.
Maryland allows a court to award the “use and possession” of a family home for up to three years following a divorce, allowing one spouse to live in the home with the children for some time before the home is sold or otherwise settled as marital property. This concept generally does not exist in the District of Columbia or Virginia.
Our Fees
Every divorce case is different. Some cases can be resolved quickly and easily, while others require a large amount of attorney effort to resolve. Our firm’s “rule of thumb” is for clients to budget about $2,000 per month for attorney’s fees and costs while the case is pending. A typical contested case with minor children and financial issues that can be resolved before trial will usually cost $8,000 to $12,000 over the course of 6 to 8 months, while a complex case that goes to trial may cost $20,000 to $25,000 over the course of 9 to 12 months. In cases where one spouse does not have the resources to pay for an attorney, but the other spouse does, it may be possible to request an initial award of “suit money” through the court, or to settle a portion of our attorney’s fees from the proceeds of the case.