Divorce Question

[johnjrval424]

My husband and I have been legally separated for 1-1/2 months. After 12 months, is it necessary to file for a divorce or is it automatically done after the 12 month period? We decided on the 50/50 split and all the other legal stuff on the separation papers.

Yes, you would file a Complaint for Absolute Divorce based on your legal separation of 12 months. You do have to wait 12 months from the date of separation, unfortunately. However, no one really knows when you separated except for your soon-to-be-ex and yourself so...

When you file, you will pay a filing fee, get service on the other party and then the matter will be set before a Master of Chancery (Master for short) and they will take testimony from you and a witness over the age of 18 who will/can vouch that you separated on such and such date, you have been living separate and apart for the past 12 months, there are no outstanding property issues, etc. It's considered an uncontested divorce hearing.

Once you do that (which will only take about 15 minutes of your time), the Master will sign off on the complaint and your divorce will be granted within 2-3 weeks, depending on the backlog at the courthouse. Your soon-to-be-ex doesn't even have to show up.

 

[tastycake]

It would be the old courthouse in Leonardtown, the one in the old part of town behind the OLD jailhouse.

ALl the forms are in the courthouse library in the basement (free).. they will tell you what forms you need, but they will NOT help you fill them out. Pretty self explanatory and EVERY form comes with an instructions booklet (several pages of paper stapled together).

Check this site out and look under Family Law Forms - Help for the Self Represented. The Domestic Relations section will guide you through the process...Maryland Judiciary - Family Administration

 

[rich70]

I'm goin through a divorce right now and we went through a website. Legal Zoom.com. They prepare all the paperwork for you, mail it to you then all you and you ex have to do is sign it. After the year is up, take it to the courthouse and file. Hopefully it will be quick and painless!

 

[johnjrval424]

I'm goin through a divorce right now and we went through a website. Legal Zoom.com. They prepare all the paperwork for you, mail it to you then all you and you ex have to do is sign it. After the year is up, take it to the courthouse and file. Hopefully it will be quick and painless!

The forms you get from the courthouse are "fill in the blanks" with instruction sheets. No point in paying someone to do what you can do for yourself. The clerks will help you with regard to procedure - but they won't give legal advice. In other words, they will step you through the process but won't tell you whether what you are doing is correct or not. It's a fine line but you'll understand what I mean if you go to the courthouse and ask.

 

[ShyGirl]

One day a week there is a pro se lawyer on site at the courthouse to advise people who are preparing their own forms.

She was of absolutely no assistance to me though.

Because I had questions, after I completed the forms, I had a lawyer look over the forms to make sure that my interests were protected.

 

[mixallagist]

Yes, you would file a Complaint for Absolute Divorce based on your legal separation of 12 months. You do have to wait 12 months from the date of separation, unfortunately. However, no one really knows when you separated except for your soon-to-be-ex and yourself so...

When you file, you will pay a filing fee, get service on the other party and then the matter will be set before a Master of Chancery (Master for short) and they will take testimony from you and a witness over the age of 18 who will/can vouch that you separated on such and such date, you have been living separate and apart for the past 12 months, there are no outstanding property issues, etc. It's considered an uncontested divorce hearing.

Once you do that (which will only take about 15 minutes of your time), the Master will sign off on the complaint and your divorce will be granted within 2-3 weeks, depending on the backlog at the courthouse. Your soon-to-be-ex doesn't even have to show up.

I went for my hearing on November 28th and got my final divorce paperwork on December 18th.

 

[wkndbeacher]

It costs something like $150 to file. I made my ex pay since he was the one who wanted to marry the neighbor.

Hope that neighbor moved away

 

[GWguy]

Was it necessary to go to court?

No, if you have a lawyer doing the paperwork, he can do it all in the office. I had never been exposed to something like a divorce before, so I hired a lawyer. Cost me about $2500. Started the paperwork the day 1 year was up, got the sealed papers 6 months later, mostly due to the lawyer dragging his feet.

 

[Roxy1104]

My husband and I have been legally separated for 1-1/2 months. After 12 months, is it necessary to file for a divorce or is it automatically done after the 12 month period? We decided on the 50/50 split and all the other legal stuff on the separation papers.

There is no such thing as a "legal separation" in Maryland. One must be living separate and apart for one year without cohabitation to file for divorce. A Voluntary Separation and Property Settlement Agreement generally runs about $400. After the year is up, if the divorce is not contested, it's approximately $600 in attorney fees. The filing fee for the Circuit Court is $115. Once the Plaintiff has filed the Complaint for Absolute Divorce, you have to wait about a week or so to get the Writ of Summons and a True Test Copy of the Complaint from the Circuit Court. Then the Defendant has to be served. The Defendant has 30 days to respond. If the Defendant does not respond a Motion for Judgment by Default can be filed by the Plaintiff. Then the Defendant has 30 days to respond to that. If no response, then you can get a divorce hearing date a few months down the road, or take testimony before a Standing Examiner of the Court or the Master. After the Divorce Hearing, you have to wait 30 days to receive your Judgment of Absolute Divorce in order to give each party 30 days to file exceptions. OR, a Motion can be filed to waive the 30 day waiting period.

 

[itsbob]

There is no such thing as a "legal separation" in Maryland. One must be living separate and apart for one year without cohabitation to file for divorce. A Voluntary Separation and Property Settlement Agreement generally runs about $400. After the year is up, if the divorce is not contested, it's approximately $600 in attorney fees. The filing fee for the Circuit Court is $115. Once the Plaintiff has filed the Complaint for Absolute Divorce, you have to wait about a week or so to get the Writ of Summons and a True Test Copy of the Complaint from the Circuit Court. Then the Defendant has to be served. The Defendant has 30 days to respond. If the Defendant does not respond a Motion for Judgment by Default can be filed by the Plaintiff. Then the Defendant has 30 days to respond to that. If no response, then you can get a divorce hearing date a few months down the road, or take testimony before a Standing Examiner of the Court or the Master. After the Divorce Hearing, you have to wait 30 days to receive your Judgment of Absolute Divorce in order to give each party 30 days to file exceptions. OR, a Motion can be filed to waive the 30 day waiting period.

OR you both can go to the courthouse, file for the absolute divorce AND file the response, pay your $115 filing fee.. and be DONE within 45 - 60 days of filing.

Why pay lawyers $1000 for somethig you can do yourself in less than 30 minutes??

 

[GWguy]

OR you both can go to the courthouse, file for the absolute divorce AND file the response, pay your $115 filing fee.. and be DONE within 45 - 60 days of filing.

Why pay lawyers $1000 for somethig you can do yourself in less than 30 minutes??

Because most people going thru a divorce aren't necessarily in a good state of mind... I know I wasn't. I couldn't trust myself to do the right things, so I got the lawyer.

 

[jetmonkey]

People put more energy into their divorces than they do their marriages.

 

[johnjrval424]

OR you both can go to the courthouse, file for the absolute divorce AND file the response, pay your $115 filing fee.. and be DONE within 45 - 60 days of filing.

Why pay lawyers $1000 for somethig you can do yourself in less than 30 minutes??

The legal system is not intimidating - they really make it easy for you by giving you written instructions on how to proceed. The clerks will tell you whether a form is filled out properly or what your next step is in the process - remember, procedural questions can be answered - legal cannot. In other words, you can't ask them whether you are entitled to 1/2 of your ex's pension, blah, blah, blah. But they can (and will) step you through the filing process.

There truly is no need to retain an attorney for an uncontested divorce. Any attorney who has a smidgen of ethics will tell you that it would be a waste of your money and their time to do something you can do yourself.

 

[Roxy1104]

There truly is no need to retain an attorney for an uncontested divorce. Any attorney who has a smidgen of ethics will tell you that it would be a waste of your money and their time to do something you can do yourself.

This is very true. But if there are issues involved like pension, child support, property settlement, you may want to get the advice from an attorney for a small conult fee. If you are entitled to pension and a QDRO needs to be drawn up, you will need an attorney to do that.

 

[johnjrval424]

This is very true. But if there are issues involved like pension, child support, property settlement, you may want to get the advice from an attorney for a small conult fee. If you are entitled to pension and a QDRO needs to be drawn up, you will need an attorney to do that.

If you are entitled to those items you mentioned, then you aren't filing for an uncontested divorce. Those issues are considered "contested" in a divorce proceeding. In that case, you definitely need an attorney to protect your interests.

We were talking about an uncontested divorce where no marital property issues exist.

 

[Roxy1104]

If you are entitled to those items you mentioned, then you aren't filing for an uncontested divorce. Those issues are considered "contested" in a divorce proceeding. In that case, you definitely need an attorney to protect your interests.

We were talking about an uncontested divorce where no marital property issues exist.

GEMMI did not mention if marital property issues exist in her original post, which is what I responded to.