The process of obtaining the right Divorce In Maryland is an easy procedure. However, if you’re not cautious, you could be entangled in some traps. Since there is a one-year separation time period before parties are able to obtain an uncontested divorce within Maryland and many couples take advantage of the time to start discussions about possible divorce settlements. Any time the parties can bring a case for child custody/support, post-separation assistance as well as property division. After a complaint has been filed and a set of deadlines are set, there is a series of deadlines imposed upon the parties by local laws. If all the custody and financial issues are settled by the end of the one-year separation timeframe and the parties are able to proceed with a petition for an absolute divorce knowing their divorce is likely to be completed.
In order to start the process of getting divorced in Maryland the first step is to submit a civil lawsuit for absolute divorce. This is filed in the District Court by either the spouse or the husband. The complaint declares it is the case that the husband or wife has been a resident of Maryland for six months and that they have been separated for a year. In most cases, the person who is filing the complaint can ask the court to award different types of relief like permanent and temporary maintenance, division of property or the custody of children (if the issues haven’t been addressed). The other party is required to respond within 30 days after being served and must address the issues that were raised in the initial complaint. It may raise issues that the responding party wants to be addressed. The answer cannot be a defence for the filing of a divorce petition for absolute divorce.
Local laws governing divorces oblige each party to give certain financial documents and an affidavit of financial status to each other within 30 days after the receipt of certain claims regarding post-divorce support, child custody/support and property division. In the event of the person who was served by the complainant, they are required to provide information within the first 45 days of receiving the notice or at a minimum of 15 days prior to the temporary hearing for support or hearing, whichever occurs first. The number of details to be disclosed is contingent on various factors that are specific to each instance. In the event of not providing this information, it could result in punishments from the court which may include but are not limited to, the dismissal of all or a portion of any claim to relief, the slamming of the pleadings, denying testimony and/or evidence or testimony, fines, cost-paying and/or the legal costs.
Couples may agree to the settlement of property, custody arrangements for children and other post-divorce agreements prior to or shortly after the initial lawsuit is brought. The couple then enters into an agreement in writing which is signed by both partners and may or not be submitted to the judge. In such an uncontested case, a “complete” divorce (i.e. all disputes are resolved) could be finalized within just a few weeks. It is likely that both parties are unable to come to a conclusion on the remaining matters, in which the Absolute Divorce is granted with no resolution of other issues.
Mediation is a process to aid both of you in coming up with a solution to reach an agreement without a lengthy process or trial. The goal of mediation is not to save marriages, instead, it is to help divorced couples resolve their disputes and come to an agreement on terms for settling the divorce process in Maryland. Wake County offers mediation services to resolve child custody disputes.
In the end, couples can’t be able to agree on a lot of things and a trial, with both sides presenting their case is mandatory. The judge will make the final decision regarding disputes. For Maryland, the judge could hold multiple trials in each case that is presented.
Lawyers have realized that it’s not realistic to assume that both spouses will feel “happy” with their divorce. It is emotionally devastating, and the financial strain of supporting two families instead of just one can cause stress for all family members. However, the parties are able to be proactive in making this process simpler for both their children and the family.