There is no simple and easy answer to this question, one which we are asked very frequently. There are some grounds for divorce, such as adultery, that do not require a “waiting period.” If someone has proof that their spouse has committed adultery, then a divorce action can be immediately filed. If contested, it may take 8-12 months for that case to be concluded.
However, most cases in Maryland proceed under the grounds of a twelve month separation of the parties. The husband and wife have to live separate and apart, without an intimate physical relationship, continuously for twelve months. Once that twelve month period has concluded, either spouse can file for divorce. In Baltimore County, the process for conducting a contested divorce takes approximately 8-12 months, which means that the combined time until the divorce is actually concluded could be as long as two years from the date the parties separated. A contested case is expensive, stressful and time consuming. You certainly need legal assistance in conducting and presenting all the evidence needed to both obtain the divorce and resolve all the issues relating to any children as well as marital property.
However, there is another option. The parties can resolve all the issues relating to the marriage through a marital settlement agreement. They can decide not only issues relating to custody and child access, but also alimony, marital property, the marital home, and any other significant issue. Once all the issues are resolved by agreement, the parties can then proceed on an “uncontested” divorce. The process for that is simple, quick (often less than 90 days) and relatively inexpensive. That can result in a real time saving for the couple, as well as avoid a lot of unnecessary stress and expense.
The Length of the Divorce Process in Maryland
How Long does it take to get Divorced in Maryland?
ABOUT THE AUTHOR: Gary Miles
Gary Miles has practiced law in Maryland since 1978, having graduated from the University of Maryland School of Law with numerous awards and honors, including the William Strobel Thomas Prize for the highest scholastic average in his class. He graduated summa cum laude from Loyola College in 1975. He served as a law clerk to the Honorable C. Stanley Blair in the U.S. District Court for the District of Maryland and began his practice with the Baltimore firm of Baker and Baker P.A. before joining Lerch & Huesman in 1982. Gary became a partner with the firm in 1986. Gary is an advocate of mediation as a form of alternative dispute resolution and has completed 80 hours of mediation training with the Maryland State Bar Association.
Copyright Huesman, Jones and Miles, LLC
Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.

