Annapolis Divorce FAQs
Annapolis Divorce FAQs
If you’re thinking about divorce, you’re not alone—and it’s natural to have more questions than answers. To help you prepare and make informed decisions, we’ve answered some of the most common questions people ask when navigating divorce in Maryland.
What Are the Legal Requirements for Divorce in Maryland?
To file for divorce in Maryland, at least one spouse must be a resident of the state. If the grounds for divorce occurred outside of Maryland, the filing spouse must have lived in Maryland for at least six months before filing. Divorce cases are filed in the circuit court in the county where either spouse lives.
To begin the process, you’ll need to complete and file the appropriate court forms, select your legal grounds, and officially serve your spouse with the paperwork. If they fail to respond within the designated time, the court may proceed without their input.
What Are the Legal Grounds for Divorce in Maryland?
Maryland recognizes both no-fault and fault-based grounds for divorce. As of October 1, 2023, Maryland law allows you to file for absolute divorce based on any of the following:
- Six-month separation (even while living under the same roof)
- Irreconcilable differences
- Mutual consent (requires a signed settlement agreement covering all divorce-related issues)
Fault-based grounds, such as adultery or cruelty, may still be considered during child custody or property division decisions, but are no longer required to obtain a divorce.
What Happens If My Spouse Ignores Divorce Papers?
If your spouse doesn’t respond after being properly served—within 30 days if they live in Maryland, 60 days if out of state, or 90 days if outside the U.S.—you may request a default judgment. This allows the court to move forward and issue a divorce order without your spouse’s participation, based on the information you provided.
How Long Does It Take to Get a Divorce in Maryland?
The length of the divorce process depends on whether your divorce is contested or uncontested. A mutual consent divorce, where both spouses agree on all terms, can often be completed in a few months. Contested divorces, which involve disagreements over issues like custody or property, may take a year or more, especially if a trial is required.
What Happens to Property and Debts During a Divorce?
Maryland follows an equitable distribution approach. This means that marital property and debts—assets or obligations acquired during the marriage—are divided in a way that the court deems fair, though not necessarily equal. Separate property, including gifts or inheritances received by one spouse alone, generally remains that spouse’s individual property unless it was commingled.
Can I Proceed If I Am the Only One Who Wants a Divorce?
Yes. Maryland does not require mutual agreement to file for divorce. As long as you meet one of the legal grounds and properly serve your spouse, the court can move forward with your case—even if your spouse refuses to participate.
What If I Cannot Locate My Spouse?
If you’ve made diligent efforts to find your spouse and still cannot locate them, you can request service by publication, typically by placing a legal notice in a newspaper. Once approved, there is usually a 30-day waiting period after publication before the court can take further action. While this method may delay the process, it is still possible to divorce even if your spouse’s location is unknown.
How Much Does It Cost to Get Divorced in Annapolis, Maryland?
The cost of a divorce varies depending on complexity and whether it is contested. On average, divorce may cost each spouse $10,000 to $15,000, but complex or high-conflict cases can exceed $40,000. Uncontested divorces are generally much more affordable due to reduced legal fees and court time.
Will I Be Able to Return to My Former Last Name?
Yes. If you changed your last name at the time of marriage, you may request to have your former name restored as part of the divorce proceedings. This request must be made before the court enters the final divorce decree.
Do I Have to Go to Court for a Divorce in Annapolis, Maryland?
Not always. If you and your spouse file for an uncontested divorce and agree on all terms, you may be able to finalize the divorce without appearing in court. However, if the court requires testimony or review of evidence—or if disputes remain—at least one court appearance is likely.
Do I Need a Lawyer to File for Divorce in Annapolis?
No, but it is highly recommended—especially if your divorce involves shared property, children, or disagreements. An experienced family law attorney can protect your interests, help you understand your rights, and guide you through what can be a complex legal process.
Have More Questions? Talk to Our Experienced Annapolis Divorce Lawyers at Oliveri & Larsen
Divorce often brings uncertainty, but you don’t have to face it alone. At Oliveri & Larsen, our Annapolis divorce lawyers provide clear legal guidance and compassionate representation to help you make informed decisions at every stage. Call 410-295-3000 or contact us online to schedule your consultation. Our firm is located in Annapolis, and we proudly serve clients throughout Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.