The Anatomy of A Divorce in Maryland

The anatomy of the Maryland in divorce is affected by the number of issues your Maryland divorce case presents, what issues are presented, and the location of the divorce. For example, if you have children and custody is an issue, that affects the anatomy. If your case is being tried in Anne Arundel County verses lets say Harford County, that affects the anatomy. However, having said that I will out line the general course of events taking what I see as the mean between all jurisdictions and accepting all issues are being addressed in the Maryland divorce.

1. Initial pleadings, Information Sheet, Financial Statement and filing fee are filed with the court. The Initial pleading (complaint) will be outlining your grounds and prayer for relief.
2. The Court issues a summons and returns the pleading back to you for service.
3. You locate and serve your spouse (or you can pay and let the sheriff serve your spouse) with the pleading.
4. Depending upon where your spouse is served (in state/out of state) they have 30 days to file an answer.
5. Once all pleadings are received (assumes your spouse filed an answer, if they did not you proceed to file for default, which is another procedure) in the court (complaint and answer) you will receive a notice to attend a scheduling conference. This conference is generally 60-90 days after your spouse files the answer.
6. Generally, after your spouse files the answer you issue discovery to your spouse. These are questions to your spouse to determine income information, witness information, assets and debt information and information on grounds. Also, you will request documents. Also you can request by filing motions for such things as emergency relief, medical examinations, custody evaluations, and appointment of counsel for children.
7. At the Scheduling Conference you will be ordered to parenting classes and mediation for custody and visitation issues. You will also receive deadline dates to complete discovery and identify experts. If requested you will receive a date for a pendete lite hearing (PL hearing) on all temporary issues. This would include, custody, visitation, child support, use and possession, contribution, alimony and counsel fees. Normally, that hearing is about 90 days away. If your spouse is not paying child support, depending upon the jurisdiction and the master you are in front of for the scheduling conference, you will walk out of the scheduling conference with a child support order. A rare event but it does depend upon which county and what master you have that day.
8. Pending the preparation for the PL hearing, for the next 180 days or so you will work on discovery issues, complete parenting classes, attend mediation, and ultimately receive a schedule for the Settlement Conference.
9. You attend the Settlement Conference, generally, with all discovery issues completed, if the case settles you are done. If the case does not settle you receive your trial date. Again, depending upon the jurisdiction, that will be anywhere from 90 to 180 days. In Montgomery County this is normally, 9 months away.
10. Once you receive your trial date, immediately issue trial subpoenas for witnesses.
11. Trial Date. You win you are done. If you do not win you have post trial motions you can file.
12. Post trial Motions: https://www.facebook.com/KeithBlairBartnikPA?ref=hl