Regardless of the specifics, undergoing a divorce can be a strenuous and emotionally taxing ordeal. You are not only dealing with emotional and monetary issues but also a complex legal procedure. However, despite each divorce case being unique, they usually follow a similar overall structure. This is a systematic guide detailing how the divorce procedure operates.
Image by Tumisu on Pixabay
How Divorce Laws Vary From State to State
Before we get into the steps, we have to mention that the experience and process of divorce are not universal across all states.
Each state has its own distinct laws and requirements regarding divorce, which can greatly differ from one to another, even if they are adjacent. Divorces are unique events, and this holds true when comparing them across different states.
A seemingly smooth divorce that a friend experienced in a nearby state does not guarantee the same for your personal circumstances. Conversely, if a friend faced a long drawn-out court battle, it doesn’t necessarily mean yours will be as lengthy.
Recognizing the variations in divorce laws and understanding that every divorce is unique to each state is critical. Here are the steps to getting divorced in Maryland.
1. File for the Divorce
Filing is a key stage in the divorce process. This is when you officially submit documents to the court to start the formal dissolution of your marriage.
If there’s a mandatory separation period in your state, ensure you have been apart for the necessary duration before initiating the divorce proceedings to avoid restarting the entire process.
It’s also important to file your divorce application in the correct court. Usually, this would be the family or divorce court in the county where either you or your spouse reside, as most places have residency prerequisites. These regulations mandate that you must have resided in the area for a specified timeframe before you can file for divorce there.
2. The Grounds for Divorce
You’ll be required to provide a reason for the divorce. Every state acknowledges no-fault divorce, which means you don’t have to justify your decision if you file in this manner.
You can simply declare that your marriage has irretrievably broken down and there’s no potential for mending things. If your state accepts fault-based divorces, you’ll need to supply a reason for your application. This way of filing is more intricate, and you might require the assistance of a divorce attorney to help meet the evidentiary standard.
3. Delivering the Divorce Petition
Upon initiating a divorce, it is compulsory to officially inform your spouse. You have the option to either enlist the sheriff to hand over the divorce documents to your spouse or engage a process server.
In case you’re unaware of your spouse’s location, it remains your responsibility to try and ensure they are notified about the divorce application. If permitted by the court, you can accomplish this through publicizing announcements in local newspapers.
Before proceeding further with the divorce proceedings, it’s necessary for you to furnish evidence to the court that your spouse has been served with the papers, or at the very least, confirm that you attempted to serve them.
4. Answer the Divorce Petition
If you are the spouse initiating the divorce, your partner becomes the respondent who is obliged to respond within a given period. If they fail to do so within your state’s stipulated time frame, you are authorized to proceed with the marriage dissolution without their contribution.
Their failure to acknowledge the divorce petition also means they forfeit their rights to influence decisions on matters such as child support, alimony, child custody, and distribution of marital assets. The court will make its ruling in their absence.
5. Temporary Hearings
Under certain circumstances, an interim hearing may take place following the submission of a divorce petition and prior to the formal commencement of court procedures to end the marriage. This is particularly common in states where there’s a lengthy gap between marital separation and the legal finalization of divorce.
During this interim hearing, the court can tackle issues that are too urgent to be postponed until the complete trial for the dissolution of your marriage.
6. Finalize the Outcome
The concluding phase of ending your marriage requires either hammering out a divorce agreement for the court’s approval, or heading to trial to sort out matters of support, custody, and asset allocation.
It’s generally more beneficial to pursue an uncontested divorce where you and your partner reach a mutual understanding of all aspects related to the termination of your marriage.
If finding common ground is difficult, involving a mediator could be helpful. Settling outside the courtroom can not only save you money but also yield a resolution that’s most fitting for your family’s circumstances.
If all issues in the divorce cannot be mutually agreed, the case will need to go to trial. During the trial, each party is given the chance to make their case. This includes the presentation of witnesses and evidence. The court will then weigh the particulars of your case and the applicable state laws regarding custody and property division to resolve any disputed divorce matters.
Photo by Karolina Grabowskaon Pexels
Endnote
Every divorce is unique, and not all the measures outlined in this guide will apply to every couple going through a separation. Certain steps are essential and taking the appropriate measures for your personal situation and your family is crucial to secure a just resolution. Remember to prioritize self-care during this challenging period of your life.
Keep being AllDayChic!
