Uncontested Divorce In Maryland How Long Does It Take?


Uncontested Divorce In Maryland How Long Does It Take
How long will it take to get a divorce in Maryland? – Unlike several other states, Maryland doesn’t have a mandatory waiting period before you may get your final divorce. As with cost, the amount of time your divorce will take depends on the circumstances in your case.

  1. An uncontested divorce will usually take approximately two to three months.
  2. Maryland requires a final hearing for the judge to review your settlement agreement and make sure you meet all of the requirements for a divorce.
  3. So if the courts are experiencing backlogs in the county where you filed for divorce, it could take extra time to schedule that hearing.

If your divorce is contested, however, you’ll have to go through a number of legal steps that can add several months to the process. And if you and your spouse aren’t able to reach a settlement agreement at some point, going to trial will require even more time—usually more than a year.

How long does it take to get an uncontested divorce in Maryland?

People may think of divorce as a prolonged process, but it does not need to be that way. If moving things along quickly is a priority for you, you can raise that issue with your lawyers as there are steps that can be taken to hasten the process. In most cases, if you reside in Maryland, laws will govern the steps necessary to obtain a divorce, even if you were married in another state.

Once a Marital Separation Agreement has been reached, a Maryland divorce usually takes 30 to 120 days to become final. However, the length of time can vary depending on the specific court, caseload, and availability of judges. At Huesman, Jones & Miles, LLC, we find that our clients feel more comfortable when they thoroughly understand the legal process.

When a lawyer fails to keep an open, active line of communication with their client, this can result in frustration and disappointment when there are unanticipated delays. Although every divorce is different, most progress along the following timeline.

What is the fastest way to get a divorce in Maryland?

The Quickest Way to Get a Divorce in Maryland Of the many calls we get from potential clients calling about getting a divorce, I am frequently asked what is the quickest way to do this. This question usually comes from those who are lucky enough to have what is called an uncontested case.

This means that the spouses are already in agreement over issues that would normally be settled in a divorce proceeding such as property and asset division,, insurance coverage,, tax deductions, and alimony. For many people seeking a divorce, even with an, there are a few major issues to consider.

The first being whether or not you can even get a divorce in the State of Maryland. To be able to get a divorce here, either you or your spouse must currently be living in Maryland and have done so for a year. However, if neither of you are a current Maryland resident, you may still be eligible for divorce if the grounds for the divorce occurred in Maryland.

  1. Speaking of grounds, this brings us to the second consideration.
  2. Maryland is one of the unique states that requires there to be a fault ground to get an immediate divorce without a waiting period.
  3. These grounds, however, are likely to be contested as they are adultery and,
  4. The other fault grounds are insanity, felony conviction, and desertion, which do require a significant waiting period.

Maryland’s non-fault ground for divorce is a simple consecutive twelve-month separation without living together or sexual relations and with no hope of reconciliation. Recently, the Senate passed a bill allowing married couples to file for a mutual consent divorce as long as they have no children and have a settlement agreement.

  1. This bill could potentially allow married couples to divorce without a waiting period.
  2. However, we will have to wait until October to see if that comes into affect.
  3. For now, the quickest route to obtain a divorce is an uncontested, no fault twelve month separation.
  4. In order to meet the requirements for this type of divorce, it is important to clearly establish the separation date.
You might be interested:  What Jobs Can A 14 Year Old Get In Maryland?

This will determine the twelve-month mark for when you can file a complaint for absolute divorce. If there are issues between the parties that have already been settled between them, it is important to have a written agreement laying out these issues, so that the court can see that it is truly uncontested.

  • This is something that is,
  • The agreement should be attached to the divorce complaint filed by one party no sooner than twelve-months since the date of separation.
  • After that the other party MUST be served and file an answer.
  • From there on, a hearing will be held along with testimony on the residency and separation requirements as well as questioning from the judge.

Finally, the judge will officially pronounce you no longer married through an Order. : The Quickest Way to Get a Divorce in Maryland

How long does the divorce process take in Maryland?

Divorce in Maryland is a lengthy and intrusive process, involving petitions, discovery, court-ordered co-parenting classes, multiple court conferences, mediations, negotiations of pendente lite and/or permanent child custody and marital separation agreements, and, ultimately, a trial.

The process of getting divorced in Maryland is particularly designed to get the parties together on numerous occasions in hopes of the parties working together towards an amicable and reasonable resolution. Once divorce proceedings have begun, most Maryland divorces can generally take anywhere from two weeks to more than a year, depending on the contestability of the pending issues at stake.

The complexities of a divorce in Maryland can feel confusing and overwhelming. In the midst of a deeply personal experience, you shouldn’t have to navigate the legal process alone. If you are in need of a Baltimore family law attorney you can trust, The Bishop Law Group can help.

What is the process for an uncontested divorce in Maryland?

The Mutual Consent Divorce Hearing – Typically, the court will schedule a hearing on your mutual consent divorce after reviewing your paperwork (although you may file a form requesting a hearing). At least one spouse must appear at the hearing; you should bring a copy of your marriage certificate and proof of your residency.

  1. In addition to ensuring that neither spouse has asked to have the settlement agreement set aside, the judge will review the agreement to make sure that any provisions regarding minor or dependent children of the marriage are in the children’s best interests,
  2. The judge may then approve the settlement agreement and incorporate it into your final divorce decree.

(Md. Code, Family Law, § 7-103(a)(8), (f) (2021).)

Can I get an immediate divorce in Maryland?

If both parties agree to a divorce, a court may grant an absolute divorce without a waiting period.

Do you have to go to court for uncontested divorce in Maryland?

Uncontested Divorce Hearing – Once the court has received the Defendant’s Answer to the Complaint for Absolute Divorce, the uncontested divorce hearing will be scheduled. The Plaintiff is required to attend the uncontested divorce hearing, but in most cases the Defendant does not need to appear.

  1. The uncontested divorce hearing takes approximately 10 minutes and the Plaintiff will be asked questions about the contents of their Complaint for Absolute Divorce.
  2. However, typically, you are not officially divorced at the end of the uncontested divorce hearing.
  3. The official date of your divorce will be after a Judge signs your Judgment of Absolute Divorce and the Clerk of Court in your county stamps it.

You will typically receive your final, stamped, Judgment of Absolute Divorce within approximately three weeks from your uncontested divorce hearing.

Does Maryland require separation before divorce?

Maryland law does not require a written separation agreement in order to divorce. Nor is there anything called a legal separation in Maryland.

How long does a divorce take 2022?

JPC | Latest | New divorce laws come into force from 6th April 2022 introducing ‘No fault’ divorce! The introduction of a ‘ will come into effect in England and Wales on 6 April 2022. The new ‘no-fault’ divorce laws are the most significant change to England’s divorce laws in 50 years! Most family lawyers are delighted that it has finally happened.

  1. The hope is that it will pave the way for divorcing couples to end their marriage with less stress and animosity given that couples will no longer need to blame each other for the breakdown of the marriage or need to give reasons as to why they are divorcing.
  2. In addition, for the very first time, couples will have the option to apply jointly for a divorce and divorces can no longer be defended on the basis of grounds.
You might be interested:  How Much Does A Will Cost In Maryland?

It is clear that the aim is to try and reduce conflict between divorcing couples and hopefully strengthen their ability to reach agreement in other areas such as financial agreements and arrangements regarding any children they may have together. The new law, which will come into effect from April 6, is part of a wider series of changes to the divorce process brought in by the Divorce, Dissolution and Separation Act 2020.

It’s hoped will help couples save time and money compared to the old divorce procedure and it should hopefully end ‘the blame game’ culture in divorces. As well as removing the need for citing reasons for divorcing, the ‘no fault’ divorce law allows people to file for divorce even if one party does not want it.

Furthermore, the new procedure includes time for reflection, but it reduces judicial discretion and places trust in the parties to decide if their marriage is truly over. The old divorce law involved parties needing to provide one of five reasons as to why their marriage had broken down and those five reasons were as follows; adultery, unreasonable behaviour, desertion, two years separation (if both agree), or five years separation (if only one person wants the divorce).

  • There was also often a misconceived belief when people filed for divorce that if they proved that their spouse was at fault for the breakdown of their marriage, it would benefit them in some way when it came to sorting out financial settlements and children arrangements, but that is not the case at all.
  • If you are thinking of filing for divorce then consider the following:
  • What is going on during the transition period?

The new online service for applying for a divorce will be available from 6 April 2022. Couples must apply under the current law by 31 March 2022 or wait for the changes to come into force. The old service will be unavailable from 31 March 2022 whilst HMCTS prepare for the changes.

  1. If you have an application saved on the current digital service then the deadline for submitting the application was by 4pm on 31 March 2022.
  2. If you have not started an application and would like to start then you ought to wait until 6 th April 2022 when the new services will be available.
  3. What changes have been made in the divorce law?
  4. The Divorce, Dissolution and Separation Act 2020 reforms the legal requirements and (MCA) process for divorce; it amends the Matrimonial Causes Act 1973 rather than writes a new law.
  5. The new divorce law covers marriage, civil partnership, nullity and judicial separation. The act aims to reduce the potential for conflict amongst divorcing couples by:
  6. · removing the ability to make allegations about the conduct of a spouse
  7. · allowing couples to end their marriage jointly

The act also introduces a new minimum period of 20 weeks between the start of divorce proceedings and the application for conditional order. The reason for this is that it should provide couples with a meaningful period of reflection and the chance to reconsider. However, where divorce is inevitable, it enables couples to cooperate and plan for the future.

  • It will no longer be possible to contest/defend a divorce, except on very exceptional and limited grounds including jurisdiction.
  • There will also be an opportunity to apply for divorce jointly, so parties can file ‘joint applications’ for divorce by agreement.
  • It must be remembered that ‘irretrievable breakdown’ remains the only basis of divorce which is the same as the old law.

It will take 26 weeks from the divorce petition being issued before the final divorce order can be made. There will still be separate decrees in the divorce process namely Decree Nisi at 20 weeks which is the conditional order and then Decree Absolute 6 weeks and 1 day later which is the final order.

  1. The New Law and the change of language
  2. In an attempt to change the culture during the divorce process, new language has been adopted under the new law, as follows:
  3. – Divorce petition is now divorce application
  4. – Petitioner is now the Applicant and Applicant 1 if it’s a joint application
  5. – Divorce decrees are now divorce orders
  6. – Decree Nisi is the conditional order
  7. – Decree Absolute is the divorce order (which is likely to be known as the final order)
  8. – Decree of nullity is a nullity of marriage order
  9. – Decree of judicial separation is a judicial separation order
  10. – A defended case will be known as a disputed case
  11. Important dates to note
  12. Whether you’re applying via your family law solicitor or applying for a divorce yourself, you should remember that:
  13. · from 31 March 2022 you can no longer apply on the current paper or digital systems or access a saved digital application which is yet to be issued by the court
  14. · from 31 March to 5 April 2022 the digital service will not accept new applications so you cannot file new applications online
  15. · from 6 April 2022 the new paper and digital services will be available
  16. Summary
  17. – No-fault divorce will come into practice on April 6 2022, with March 31 2022 being the last day you could have filed for divorce under the old system
  18. – Rather than having to give one of five reasons for your marriage breaking down, you will need to give ‘notice’ that the relationship is over, which will start a ’20-week reflection period’
  19. – After 20 weeks, you will be granted a conditional order (Decree Nisi), then you will have to wait a further six weeks before applying for the final order (Decree Absolute).
  20. If you have any questions about the new ‘No fault’ divorce or any matter, please contact, Consultant Solicitor by email on, telephone,
You might be interested:  When Does Minimum Wage Go Up In Maryland?

: JPC | Latest | New divorce laws come into force from 6th April 2022 introducing ‘No fault’ divorce!

How soon can you remarry after divorce in Maryland?

Can I date while separated in Maryland before the divorce is finalized? A party may remarry only after they are divorced. A divorce is final 30 days after the parties have received the Judgment of Divorce, signed by the judge.

How quickly can a divorce go through?

Check how long a divorce or dissolution takes – A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.

How long does a divorce take once it goes to court?

Step 4 – Application for Final Order – To end proceedings, you must apply to the court to legally end your marriage. This will usually be granted within 24 hours. This order legally ends your marriage and enables you to remarry. Overall, taking into account the mandatory waiting periods of 20-weeks and 6-weeks, you should expect your divorce to complete within 6-7 months.

How much does it cost to file an uncontested divorce in Maryland?

Divorce Expense #1: Your Filing Fees – At the bare minimum, you’ll need to pay the court just to file for divorce, In Maryland, the filing fee is about $215, depending on the county you’re filing in. Most lawyers include this fee in their initial retainer – the first deposit of money you make toward your divorce so lawyers can start working.

What is needed for uncontested divorce?

Both parties will consult with the same attorney, and agree on all terms prior to the divorce. Unlike a contested divorce, there is no formal trial during an uncontested divorce, only the plaintiff appears in court. A settlement agreement is then drafted, entered into by both parties, and made an order of the court.

How much does it cost to file an uncontested divorce in Maryland?

Divorce Expense #1: Your Filing Fees – At the bare minimum, you’ll need to pay the court just to file for divorce, In Maryland, the filing fee is about $215, depending on the county you’re filing in. Most lawyers include this fee in their initial retainer – the first deposit of money you make toward your divorce so lawyers can start working.

How long does an uncontested divorce take?

What is an uncontested divorce and how long does it take? – DFA LAW LLP Solicitors A contested divorce is when one party doesn’t accept what is said about them in the divorce papers. An uncontested divorce is one where both parties agree to the grounds for divorce.

Does Maryland require separation before divorce?

Maryland law does not require a written separation agreement in order to divorce. Nor is there anything called a legal separation in Maryland.

How long after divorce can you remarry in Maryland?

A party may remarry only after they are divorced. A divorce is final 30 days after the parties have received the Judgment of Divorce, signed by the judge. As to when a spouse may start dating again depends.