This article is designed to give a general outline of the standard court procedures involved in obtaining a divorce and/or custody of children. Depending on the issues in an individual case, there may be additional procedures needed to resolve the case.

If the parties are married, they must be separated for at least a year before a divorce case can be filed, and then either party can file in court for a divorce. (In cases of excessively vicious conduct or adultery, the waiting period is not applicable to the wronged party.)

If the parties are unable to resolve their differences before filing in court, the procedures to resolve custody, property division and other claims may be complex and time- consuming. The process is begun by one party (the plaintiff) filing a Complaint and financial statement together with some court forms with the court. The defendant has, depending on the circumstances, thirty to ninety days after being served to respond to the Complaint by filing an Answer, and also by completing his or her own financial statement.

After the Answer has been filed, the court will schedule one or more pre-trial conferences. These conferences are designed to see if any of the issues can be settled, to narrow the disputes a court must hear, and to schedule hearings needed to resolve the issues. The court also ascertains what community services may be available to assist the parties. Usually these are utilized if custody is an issue. In many custody cases, especially if the parties have not attempted private mediation, the parties will be ordered to court-sponsored mediation.

A court also can appoint an attorney to represent the parties' children. A court may also order custody evaluations, which are performed by a psychologist and/or social worker. They are designed to determine a custody/access schedule that is in the best interests of the children.

Sometime after the Complaint is filed, and before the trial, the parties engage in the "discovery" process whereby the parties exchange financial and other information. Discovery often includes Interrogatories, Requests for Production of Documents, and often, it is necessary to take the deposition of the other party or of third persons in order to obtain relevant information.

Under many circumstances, the court may not be able to schedule a trial to resolve permanently all of the issues in a case until many months, or even years, have passed. If custody, child support, alimony or use of the family home and property are contested, a hearing is held to decide these issues on a temporary (also called Pendente Lite) basis. Pendente lite hearings are usually set four to eight months after the Answer has been filed, although it is not unusual for the hearing to be held later.

At the trial in a divorce case, the judge can determine the rights that the parties have to their property, including pensions and other deferred compensation, alimony, custody, child support, use and possession of the family home and property, and reimbursement of attorney's fees. In a custody case, a judge can determine custody and visitation, child support, and reimbursement of attorney's fees. Motions and objections to evidence are interspersed throughout the trial. Depending on the number and complexity of the issues, the trial can last from a half day to several days, and sometimes longer. The decision that the judge makes on most of these issues is binding for the future, subject only to appeal through the Maryland appellate court system.