Divorce Proceedings in Maryland
PROCESS OVERVIEW
Litigation
PLEADINGS
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A divorce proceeding begins when one
party, the Plaintiff, files a complaint with
the court. The complaint sets out the
reasons why the party believes they are
entitled to a divorce and may request
the court grant alimony, child support,
and other relief as necessary.
SCHEDULING CONFERENCE
After the Defendant files an Answer, the
Court will set a Scheduling Conference.
This conference takes place before a
Judge or Master (which recommends
what the Judge should order) and helps
the court keep track of your case and
schedule future steps.
DISCOVERY
Discovery is a process where both
parties have the opportunity to find out
more information on the other party's
case before trial. This is primarily done
through interrogatories (written
questions that require written
responses) and requests for production
of documents; however, there are many
other tools and legal channels that can
be pursued as well. This is an area where
skilled and experienced legal counsel
can truly provide value.
SETTLEMENT CONFERENCE
Following discovery and shortly before
trial, the Court will set a Settlement
Conference. A Settlement Conference is
a hearing in which the Court attempts to
facilitate a settlement to avoid trial.
During the Settlement Conference, the
parties will meet before a neutral official
who will act as a facilitator to help the
parties reach an agreement. It is not
required that the parties reach an
agreement at a Settlement Conference,
however, if the parties are able to reach
an agreement before trial, it leads to a
cheaper and quicker resolution of the
divorce for both sides. Although this
hearing is set for a specific date, parties
in a divorce should discuss settlements
and agreements well before this date and
even up until trial.
TRIAL
If a settlement cannot be reached before
trial, then the case will proceed to a trial
on the merits. During the trial, the
Plaintiff has the burden of proof to
demonstrate a right to the relief claimed;
to wit: a divorce, child custody, child
support, alimony, etc. The Plaintiff
proceeds first, followed by the
Defendant. If the Defendant filed a
countersuit, then the Defendant has the
burden of proof to demonstrate a right to
the relief claimed. At the end of the trial,
the Judge will weigh all the evidence and
make a final determination and enter
appropriate judgments and orders in the
case. Usually, Maryland family law cases
conclude with the entry of a Judgment of
Absolute Divorce, a Judgment of a
Limited Divorce, a Custody Order, or a
Child Support Order.
Collaborative
Mediation
Divorce
REVIEW OF THE PARTICIPATION AND FEE
AGREEMENT
The parties have already received this
document when they scheduled the
appointment so they can be prepared
with any questions they may have. After
During the first meeting, both spouses
that review and agreement to continue in
sign the participation agreement and
the process, the parties and the
disclose all financial information and
mediator will sign the Participation & Fee
supporting documents in the spirit of
Agreement to begin the process. At this
cooperation and trust.
session, the parties often inquire about
the overview of the entire process of
obtaining a divorce, including what
occurs after the parties have completed
negotiations and have signed a binding
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Marital Settlement Agreement.
THE INTAKE
The mediator will then ask the parties
preliminary information and conduct an
initial intake to gather the basics data
about the parties’ specific situation. The
intake assists the mediator to learn about
and observe the state of the parties’
communications at that time to assess the
areas of conflict or of non-conflict. At the
intake the parties will tell the mediator A series of joint sessions will take place
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about their educational, vocational and that include both spouses and their
financial status. The parties will give the respective lawyers and all other hired
mediator information about their children professionals. Everyone present will
as well as information about how the discuss the issues and work towards
parties have handled matters since the creating an agreement that is amicable
decision to become separated. An agenda for both spouses and any affected family
may be established. The mediator listens members.
carefully to the priorities of the parties to
determine what topics should be
addressed first. If neither party has a
specific agenda then THE MEDIATO Rtakes
the parties through a typical agenda which
generally follows an outline of topics as
they will appear in the drafted Settlement
Agreement. Each topic is explained in
general before specifics are negotiated.
At the conclusion of each mediation session,
the mediator and the parties determine the
necessary preparation for the following
session. If the negotiations have been
concluded the parties and the mediator
shall discuss how a formal the Marital
Settlement Agreement will be completed
and other post-mediation topics are
discussed. The parties will be asked to sign
another document confirming reminding
them of the requirement of independent One lawyer will then draft an agreement,
attorney review of the draft Settlement
which will be reviewed by both attorneys
Agreement. No draft Agreement is released
and their clients to ensure it is agreeable.
to the attorneys until they have both
The agreement will then be sent to the
identified their respective reviewing
court for approval. After the document is
attorneys. The draft Agreement is not
binding in any way until after attorney approved, the agreement stands as a
review, revisions may be made and the legal document.
parties sign the final formatted Settlement
Agreement before a notary public. The
parties may separately sign with each of
their attorneys, or the parties may jointly go
to a notary together and sign the document
together. Once signed, the Settlement
Agreement is a legally binding contract.
When the parties get divorced, the
Agreement becomes part of the Court’s
divorce decree.