Divorce is seldom straightforward; however, when couples are unable to reach a consensus on basic matters, the proceedings become much more complicated. A contested divorce in Maryland can take months or even years to resolve, and the stakes are high: property, finances, custody, and your family’s future all hang in the balance.
Being aware of what lies ahead can enable you to make well-informed choices and safeguard your rights throughout each stage. This post walks through the main steps of the Maryland contested divorce process (from filing to trial), including what courts consider and what to prepare for along the way.
What Makes a Divorce “Contested”?
A divorce is considered contested when the spouses have disagreements regarding one or more issues that need to be settled before a judge can finalize the divorce. Typical disagreements involve the distribution of marital property and assets, as well as matters related to child custody and visitation, child support, and alimony.
It’s important to highlight that just because a divorce is contested, it doesn’t necessarily mean the case will proceed to trial. Many disputed cases are resolved through negotiation or mediation before they ever go to trial. But if an agreement isn’t reached, the judge will render the final decision.
Step 1: Filing and Service
The process begins when one spouse files a Complaint for Absolute Divorce (Form CC-DR-020)with the Circuit Court in the county where either spouse lives. After filing, the complaint must be formally served on the other spouse. According to the Maryland Courts, the responding spouse has 30 days to reply if in Maryland, 60 days if in another state, and 90 days if outside the country.
Step 2: Temporary (Pendente Lite) Orders
Before a final resolution, one or both spouses may need immediate court orders to address pressing matters, known as pendente lite orders. A pendente lite hearing can result in temporary rulings on child custody, child support, and use of the family home while the divorce case is still pending. If you have concerns about your children’s welfare or your finances during this period, requesting a pendente lite hearing early can be an important protective step.
Step 3: Discovery
Discovery refers to the official procedure of collecting evidence from the opposing party. This may involve written inquiries (interrogatories), sworn testimonies, requests for financial records like bank statements and tax returns, as well as subpoenas for documents from third parties. The evidence gathered during discovery often determines the strength of your case at trial and can also be used to negotiate a more favorable settlement. This is why it’s important to have an experienced family law attorney.
Step 4: Mediation and Settlement Negotiations
Maryland courts may mandate that parties engage in mediation prior to going to trial. Even when it is not required, mediation is often worth pursuing. A neutral mediator assists both parties in navigating contentious issues to achieve a mutually agreed-upon resolution. Settling before trial is almost always faster, less costly, and less adversarial than going to a full hearing. Numerous disputed divorces are settled during this phase.
Step 5: Trial
If no settlement is reached, the case goes before a Circuit Court judge. In Maryland, divorce cases do not involve juries. A judge evaluates the evidence and issues a final ruling on issues such as child custody, property distribution, alimony, and financial support.
How Maryland Courts Decide the Major Issues
Property Division: Maryland divides marital property on an equitable basis, meaning fair but not necessarily equal. The Maryland Courts clarify that marital property consists of assets obtained during the marriage, irrespective of whose name appears on the title. Courts consider various factors, including each spouse’s contributions, the duration of the marriage, and the financial situations of both parties.
Child Custody: In cases where parents are unable to reach an agreement, courts utilize the “best interest of the child” standard. Factors include who served as the primary caregiver, each parent’s fitness and stability, the child’s relationship with each parent, and (depending on age and maturity) the child’s own preference. No single factor is treated as decisive.
Alimony and Child Support: If these issues are disputed, courts look at each spouse’s income, the length of the marriage, the custody arrangement, and overall financial circumstances. Maryland utilizes income-based criteria to determine child support calculations.
Timeline and Expenses
Contested divorces in Maryland usually range from a year to several years, depending on the complexity of the case and the availability of the court. Maryland courts generally aim to close cases within one year of filing when possible. Litigation costs can become substantial when attorneys’ fees, expert witnesses such as business or property valuators, and court expenses are factored in. Cases that settle early are almost always significantly less expensive.
Work with an Experienced Maryland Divorce Attorney
A contested divorce involves strict procedural rules, legal deadlines, and decisions that will shape your future for years. For complex custody disputes, significant assets, or contentious support issues, professional legal representation is not optional; it can mean the difference between an outcome that protects your future and one that does not.
Work Milstein Siegel to Navigate Your Divorce
At Milstein Siegel, we represent Maryland clients through every phase of the contested divorce process, from filing and discovery through trial, and we fight to protect what matters most to you. Whether your case involves a custody dispute, significant marital assets, or contentious support issues, our team brings the knowledge and dedication your situation demands.
If you’re dealing with a contested divorce in Maryland, don’t hesitate to contact us today. Contact Milstein Siegel online to schedule a consultation or call (443) 230-4674.