Do It Yourself Divorce in Maryland
A Do It Yourself Divorce in Maryland Guide
If you’re a resident in Maryland seeking divorce, read what’s below to find out the details and what you need to know to proceed.
A Divorce Petition
A do it yourself divorce in MD begins with what is called a ‘divorce petition,’ a document obtained from a legal aid service. This petition is written only by one spouse, known as the Petitioner or Plaintiff, and it is then served to the other spouse, who will then be referred to as the Respondent or Defendant.
Once the petition has been written up, copies are sent to the Respondent and the court residing in either the Petitioner’s county or Respondent’s county.
What Is Included in a Divorce Petition?
Any do it yourself divorce in Maryland would include the name of the wife, name of the husband, and names of any children involved. It will also state any separate properties. Child custody, child support, and spousal support are also factors that will be determined in the petition.
Steps Toward Serving the Petition
For a do it yourself divorce in MD, the petition – sometimes referred to as the “divorce papers” – must be delivered to the Respondent. It’s known as the “service of process.” At this time, the Respondent may choose to sign it or not sign it. Signing it simply means that the Respondent acknowledges receipt of the petition without agreeing to any of the terms. Sometimes, too, a Respondent may be difficult to locate. In the event that that occurs, the Petitioner must hire a professional process server to deliver the documents.
Once the Petition Is Served….
Once the papers have been signed, there’s a waiting period to get everything together, setting up automatic restraining orders on both parties as well as prohibitions to take any children out of state, properties being sold or borrowed against. In addition, new insurance cannot be obtained, nor can old insurance be sold.
It is also possible that the Respondent can file a “response” to the petition on full agreement of the petition. If such a response is filed, obviously any petition may move a lot faster through the process without even having a chance to appear in court, and will most definitely lead to a final judgment of divorce.
However, if a Respondent states that he or she doesn’t agree….
What Happens When One Spouse Doesn’t Agree With the Terms of the Divorce?
Typical reasons for disagreement on a do it yourself divorce in Maryland may involve everything from child custody to alimony to even the entire marriage. The dispute can be anything small, or something as serious as child abuse.
In any case, a court hearing is necessary to hear all evidence of the contestation. It’s a careful process to determine whether or not modifications are necessary on any stipulation – child support, custody, alimony, property distribution.
Once a do it yourself divorce in MD gets past the entire court hearing, from there the waiting period continues until it ends; and from there the court then decides of the final judgment of divorce.
