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Is there a waiting period for divorce filings in Maryland?

On Behalf of | Sep 9, 2024 | Divorce

It can take months or even years for people to decide to divorce. Many people struggle through unhappy and unfulfilling relationships for extended periods in the hope that the relationship may eventually improve. They may try sleeping in separate rooms, attending couple’s therapy or working on their own mental health to improve the condition of their marriages.

Once one spouse reaches their breaking point and decides that divorce is the best option, they likely want to move forward with the process as quickly as possible. Some people brag about obtaining very fast divorces, which may lead to people having unrealistic expectations. It often takes longer than people expect to finalize a divorce.

Is there a formal waiting period required before spouses can finalize a divorce in Maryland?

There is no mandatory waiting period under state law

The good news for those preparing for a Maryland divorce is that the state does not mandate a lengthy separation prior to finalizing the divorce. In some states, couples have to wait six months or longer before they can proceed with the divorce. There is no formal waiting period for divorce finalization in Maryland.

However, there is a 30-day response period imposed after one spouse files for divorce and serves the other with divorce paperwork. The recipient spouse has roughly a month in which to respond to the divorce filing by accepting the proposed terms or contesting and countering them.

Even the fastest uncontested divorces typically require at least two to three months from beginning to end. Spouses who have prenuptial agreements setting all the terms for a divorce still need to wait for a hearing in front of a judge to approve the terms of their divorces.

In cases involving higher levels of conflicts and litigated divorce issues, the process could easily take a year or longer. While spouses are not subject to a mandatory waiting period, they do have to provide each other with an opportunity to respond and must wait for the courts to have available space on the docket for their case.

Understanding the likely timeline for a Maryland divorce can help people focus on their long-term happiness throughout the process. Those with reasonable expectations are less likely to let their frustration and emotions influence their behavior.