Uncontested Versus Contested Divorce
Fault Versus No-Fault Divorce
In Maryland, spouses may seek a “fault-based” or “no-fault based” divorce. A “fault” divorce simply means that the spouse requesting the divorce has alleged fault-based reasons for the breakup, the most common of which are adultery, desertion, and physical or verbal abuse. The misconduct (fault) must be proven in court.
In a Maryland “no-fault” divorce, neither spouse alleges any blame or fault. Instead, the spouse seeking the divorce must show that the couple has been living separate and apart for at least one year.
In either case, the divorce case itself will proceed either as an “uncontested” or “contested” divorce.
Uncontested Divorce
An uncontested divorce occurs when both spouses, regardless of whether the divorce is filed as a fault-based or no-fault action, agree to the terms of the divorce, without requiring the courts to make the final decision on how to resolve these matters. The most common divorce-related issues include:
- child custody and payments for child support
- division of property
- division of debts, and
- alimony payments (also known as “spousal support” or “maintenance”).
In essence, if a divorcing couple can agree on all of these issues (and any other applicable issues in their particular divorce case), they can proceed with an uncontested divorce. The spouses will need to enter into a divorce settlement agreement, containing the terms of their agreements on every issue. These agreements are usually prepared by attorneys.
Next, each spouse’s attorney will prepare and file written documentation with the courts outlining the nature of the divorce settlement. Once they are given court approval, these pre-negotiated divorce settlement terms will become court orders. If spouses fail to follow the terms of a divorce order, they may be subject to a “contempt proceeding,” where a judge can impose fines or even jail time for the violation of its orders.
Contested Divorce
In a contested divorce, the parties are unable to agree on all, or even one issue. In such a case, the divorcing spouses will have to “litigate” their case, which means they will have to go before a judge and have a trial on the issue, or issues, they were unable to resolve. Typically, they will need attorneys to represent them in pre-trial discovery (investigation), witness preparation and the preparation of any pre-trial motions (requests to the judge). If the parties are unable to settle before their court date, they will have to proceed with a full-blown divorce trial, which includes evidence, oral argument and the examination of witnesses. If you are facing a contested divorce with your spouse, you should definitely hire an attorney that can represent your interests through all stages of your contested divorce case.
Getting Legal Help with Divorce in Maryland
The road to a divorce in Maryland does differ slightly from other states; however, the basic ideas behind obtaining either an uncontested or contested divorce remain the same.
You may not think you need an attorney to help you with an uncontested divorce because you and your spouse seem to have agreed on all issues. However, having your own legal counsel, one who is specifically dedicated to representing your individual interests is highly advisable. A number of life-changing decisions must be made about money, retirement, children, and property. It’s best to have an expert that can at least answer questions about your rights and responsibilities and guide you through this process. Your attorney can also help you draft the divorce settlement agreement and the necessary legal paperwork, which will be required in an uncontested divorce.
With a contested divorce, there is no question that you should hire an attorney. The laws governing divorce and court procedure can be very complex, and even in a simple divorce case (no children and few assets) it’s best to have a professional negotiating on your behalf and, if necessary, representing you at trial.
For more information on how to ensure that your legal rights are protected, you should consult with an experienced Maryland divorce lawyer.
