Court Procedures

Source: This section is drawn from the booklet entitled "Legal Rights in Marriage and Divorce in Maryland" produced by and available from The Women's Law Center.  Updated 3/30/01.

Filing for Divorce
The Role of the Court
Uncontested Matters
Contested Matters
Pendente Lite Relief

Filing For Divorce

(Note: the following procedures apply to an annulment, limited divorce, and absolute divorce matters.)

To begin a legal action, the attorney for the party seeking a divorce, the plaintiff, files a complaint with the court. The complaint includes information like the following:

• when and where the marriage took place;

• the names and ages of the children;

• how long the plaintiff has been a resident of the state and his or her place of residence;

• the grounds for divorce; and,

• the specific relief the plaintiff is requesting. 

When seeking financial relief such as alimony or child support, a statement of your income and expenses must also be filed.

A copy of the complaint, along with a summons, will then be served on the other spouse, the defendant. Service can be accomplished either by certified mail, the sheriff or private process.  For more detailed information on service of process, see Chapter Fourteen, Handling Your Case Without a Lawyer. 

The defendant will then have a period of time to file an answer responding to the complaint.  If the defendant is within the state of Maryland, the time period will be 30 days from the date the defendant was properly served with the summons and complaint.  If the defendant lives outside of the state, the defendant will have a longer time to respond.

In the answer, the defendant can admit or deny the charges made in the complaint.  The defendant can also file a counter-complaint for divorce on his or her own grounds.

After the defendant files an answer, the next step depends on whether the case is contested.  See The Role of the Court below for the next steps in either case. 

If the defendant does not file an answer, the plaintiff’s attorney may file a request for a default judgment, along with a military affidavit.  If the plaintiff served the defendant correctly, the order of default will likely be granted.  At that time, the plaintiff can proceed as if the case were uncontested.

However, at any time prior to the court entering a final judgment, the defendant can file a motion to vacate the default judgment.  The judge will then determine if any good cause exists for doing so.

The Role of the Court

Uncontested Matters

If both parties want the divorce and there are no contested issues, the plaintiff’s case can be heard by an officer of the court called a Master-Examiner.  The Master will determine from the plaintiff’s evidence whether a divorce should be granted.  The defendant need not appear, but the defendant must be given notice and an opportunity to appear. 

If you are a plaintiff, your attorney will help you prepare to testify by familiarizing you with the questions that will be asked.  You will need a witness to corroborate the allegations in your complaint.

If the master determines that a divorce should be granted, he or she will prepare recommendations for a judge.  A judge will review the Master’s recommendations.  If there are no objections by either party, a final judgment will usually be entered citing the terms recommended by the Master.

Sometimes uncontested cases being heard by Masters can be scheduled within a few weeks after an answer if filed or a default judgment is entered.  The divorce judgment will usually be issued a few weeks after that.

Contested Matters

If the defendant opposes the action, the case will go to trial before a judge.  Before a trial on the merits, however, there can be months of discovery (interrogatories, document requests, etc.) as both sides find out what the other’s position will be. 

In addition, there will probably be at least one scheduling/settlement conference before trial to see if some, if not all, of the issues can be resolved without trial.  In a contested divorce, both the plaintiff and defendant and their attorneys must appear.

At trial, both parties will present their own testimony and be subject to cross-examination by the opposing side.  After hearing the evidence of the parties and their witnesses, the judge will decide whether a divorce will be granted and under what terms.  To get the divorce, the plaintiff must present the more convincing case.  Other contested issues, such as custody, visitation, support and property disputes, will also be decided at the trial.

It can take many months after filing for a contested divorce to get a trial date.  The divorce judgment, whether contested or not, is final when the judge signs it.

Once the divorce is final, either party can remarry.  However, in the case of a contested divorce, one should wait until after the 30-day appeal period has expired. 

Pendente Lite Relief

While your divorce case is pending, the court can consider many issues.  For example, you may need alimony, use of the family home or car, or child support some time before the final decree is entered.  This is especially true in contested cases, which can sometimes take years to sort out.

In these cases, your attorney can file a motion for pendente lite relief.  The court can then award temporary relief for the duration of the divorce litigation or until the final divorce is awarded. 

Source: This section is drawn from the booklet entitled "Legal Rights in Marriage and Divorce in Maryland" produced by and available from The Women's Law Center. 

Last date of legal Update 01/16/08