Divorce & Co-Parenting 101
You've got questions. We've got answers.
This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. For legal advice, the application of Maryland law to your individual circumstances, you should schedule a consulting appointment.
An uncontested divorce means you and your spouse have reached an agreement on all of the issues that need to be resolved before your divorce can be finalized. A contested divorce means there is still at least one issue you haven't resolved and may need help resolving through negotiation, mediation, or ultimately the court. A divorce can start out contested and become uncontested once you reach an agreement—you don't have to agree on everything from the beginning.
You don't have to figure out your entire divorce before taking the first step. Start by gathering information about your finances, thinking about your priorities and concerns, and learning about the different options available for moving forward. Getting information early can help you make thoughtful decisions rather than reacting to each issue as it comes up
You don't necessarily have to fight your divorce out in court. You and your spouse can reach agreements yourselves, through mediation, or with the help of attorneys or other professionals. A Maryland court still has to legally grant your divorce, but if you've already reached an agreement, the court process can be much simpler.
Not necessarily, but even in an amicable divorce, getting legal advice can be valuable. An attorney can help you understand your rights, identify issues you may not have considered, review proposed agreements, and make sure you understand the long-term consequences of the decisions you're making. And hiring an attorney doesn't necessarily mean hiring someone to take over your entire divorce—you can also work with an attorney on a limited or consulting basis.
No. An attorney cannot represent both spouses in a divorce because each spouse has their own legal interests. You can, however, work with a neutral mediator together and each consult with your own attorney when you need individual legal advice.
Your spouse does not have to agree to end the marriage for you to ultimately get divorced in Maryland. Their willingness to participate can affect how the process unfolds, however, particularly if you need to resolve financial or parenting issues. Getting advice about your options can help you determine the best way to move forward.
No one wants to hear, "it depends." But there really isn't one average cost that is particularly useful because divorce costs vary enormously. Generally, the more conflict there is, the more professionals, negotiations, discovery, hearings, and court involvement are required. And all of that makes the divorce more expensive. Resolving issues outside of court can give you much more control over both the process and the cost.
This is another "it depends." It varies significantly based on how many issues need to be resolved and whether you and your spouse are able to reach agreements. An uncontested divorce can generally move much more quickly than a case requiring extensive negotiation, discovery, mediation, or litigation. Often, reaching the agreement takes longer than the actual process of asking the court to finalize the divorce.
Usually, filing first does not give someone an automatic advantage when it comes to custody, property, support, or the ultimate outcome of the divorce. There can be strategic or practical reasons to file first in an individual case, but divorce isn't generally a race to the courthouse. If you're concerned about whether you should file first, that's a good question to discuss with an attorney based on your specific circumstances.
Nope. Maryland currently allows divorce based on mutual consent, a six-month separation, or irreconcilable differences. Which ground applies to you depends on your particular circumstances, and you do not necessarily have to live in separate homes before starting the divorce process.
That's extremely common. You don't have to choose between agreeing about absolutely everything and fighting about everything in court. You can resolve the issues you agree on and use negotiation, mediation, attorneys, or ultimately the court to address the remaining issues.
In many situations, yes. Spouses can reach their own agreements about issues such as property, finances, alimony, and parenting rather than asking a judge to decide those issues for them. There are some limitations, particularly when it comes to children, so it is important to have an attorney review the agreement to make sure you understand the legal impact of your agreement before signing it.