How to get full custody in Maryland
Contested divorce: potential complications and how to handle them
Divorce is never easy, especially when there are disagreements involving property division or child custody. In Maryland, these cases are known as contested divorces and often involve multiple court proceedings before final divorce orders are issued. Working with an experienced Howard County, MD divorce lawyer can help you understand how this process works and what to expect so you can prepare for the steps ahead.
What is a contested divorce?
A contested divorce happens when spouses cannot agree on one or more parts of their divorce, such as property division, attorney fees, or child support. When they cannot reach an agreement, a Judge steps in to make final decisions about assets, custody, and other key issues.
An uncontested divorce occurs when both spouses agree on all terms before going to Court. These cases are faster and less expensive since there is no need for a trial. However, if even one issue remains unsettled, the Court will treat the case as contested.
Contested divorces often take longer (sometimes a year or more) because they involve hearings, discovery, and sometimes mediation. Uncontested divorces, on the other hand, can often be finalized within a few months since the parties have already resolved their differences.
Filing for a contested divorce in Maryland
The first step in a contested divorce is filing a divorce petition with the appropriate Circuit Court. Under Md. Code, Family Law § 7-103, the only three grounds for divorce are:
- Irreconcilable differences
- Six-month separation
- Mutual consent
If your spouse does not agree to divorce or to specific terms, the case will proceed under irreconcilable differences or separation. Once the petition is filed, the Court will serve your spouse with notice and a deadline to respond. The responding spouse may file an answer disputing the claims or making counterclaims of their own.
Discovery and pretrial proceedings
During the discovery phase, both parties exchange financial information and supporting documents. This stage may include depositions and requests for production of records. Discovery helps each side understand the full picture of marital assets, debts, and income, which are important when negotiating child custody or property division.
If disputes persist, the Court may require a settlement conference or mediation to narrow the issues. Mediation is a confidential process designed to help both parties reach an agreement without trial. Although participation in mediation is often encouraged, it does not guarantee resolution, particularly when one spouse refuses to compromise.
Child custody and support disputes
Maryland Courts focus on what is best for the child when deciding legal and physical custody. Judges consider factors such as each parent’s bond with the child, the stability of each home, and how well each parent can meet the child’s emotional and physical needs.
When parents cannot agree, the Judge may order evaluations or appoint a best interest attorney to represent the child’s needs. Child custody disputes can extend the divorce timeline significantly. Child support is determined under Maryland’s guidelines, but disagreements often come up over matters like extraordinary medical expenses and parenting time.
Property division and financial issues
Maryland follows the rule of equitable distribution, meaning marital property is divided fairly, though not always equally. Disputes often arise when determining what qualifies as marital versus non-marital property. Assets such as retirement accounts and real estate frequently become points of contention.
Each spouse must disclose all assets during discovery. When a spouse hides income or undervalues property, the Court can impose penalties or issue adjusted awards. Having an experienced divorce lawyer helps protect your rights during this process.
Along with property division, Courts may address attorney fees and filing fees, especially if one party earns substantially more than the other. Judges have discretion to require one spouse to contribute to the other’s legal costs, particularly when the disparity in income is significant.
The trial process in a contested divorce
If the parties cannot reach an agreement, the case proceeds to trial. During the trial, each side presents evidence and witness testimony before the Judge. The Court will issue final rulings on custody, support, alimony, and division of assets. These rulings become binding divorce orders once incorporated into the final decree.
While a trial can provide closure, it can also be lengthy and expensive. Many couples find it beneficial to settle disputes before reaching this stage. Skilled negotiation guided by an experienced family law attorney in Maryland can save both time and financial strain.
Preparing for a contested divorce
If you expect your divorce to be contested, preparation can make a big difference. Start by gathering key documents like tax returns, bank statements, mortgage records, and pay stubs. Be honest about your finances. Trying to hide money or assets can lead to serious penalties in Court.
It also helps to save written messages between you and your spouse about custody, finances, or property. These records can be important evidence if disagreements come up later in the case.
Get trusted legal guidance from Coover Law Firm, LLC
A contested divorce can have lasting effects on your finances and family relationships. With over 35 years of experience, Mr. Fred L. Coover provides comprehensive legal representation to clients in Columbia and throughout Howard County.
If you are dealing with custody disagreements or disputes over support, Coover Law Firm, LLC can guide you through every stage of the process. Schedule a confidential consultation by calling (410) 553-5042 or contact us online to learn more about your options.
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