Terenzini & Lucero, LLC
Terenzini & Lucero, LLC

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Do you have to go to court to divorce in Maryland?

On Behalf of | Jul 28, 2023 | Divorce |

One of the many reasons that people delay filing for divorce is that they hate the idea of going to family court. The idea of testifying about what happened during the marriage and letting a judge decide what happens with the property the couple shares and/or the children they have together can seem very unpleasant.

There are many people who delay or avoid divorce specifically because they don’t want to go to court. Some people may even pursue a limited divorce, which is more like a legal separation, instead of an absolute divorce, which results in the legal end of the marriage, to avoid complications in court.

Is it possible to obtain an absolute divorce in Maryland without family court proceedings?

Some court involvement is mandatory

Just like the state cannot acknowledge a marriage unless individuals take certain steps, it is also impossible for the state to recognize a divorce unless the spouses who want to end their marriage follow the right procedures. Couples who want to formally end their marriage will inevitably have to follow the proper protocol established by the courts.

In Maryland, it is necessary to have the courts review and approve a divorce filing. At the very least, it will be necessary to have a judge grant the divorce. However, couples can drastically reduce how much time they spend in court by cooperating with each other. An uncontested divorce filing, possibly after successful mediation sessions, can allow couples to divorce without presenting much private information to the court.

Many people feel anxious about not just going to court but also the likely outcome of divorce proceedings. Provided that people find a way to work together with their spouses, it is possible to significantly limit the amount of time spent in court and the information that becomes public knowledge due to court proceedings. Some people can also limit their direct involvement with the right representation, although personal appearances in court will likely be mandatory to finalize the divorce.

Exploring alternative dispute resolution options, like mediation, may benefit those who would like to divorce but also prefer to avoid the family court system as much as possible.

Terenzini & Lucero, LLC.

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