What Do I Need to Know About Filing Divorce in Maryland with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Maryland Grounds for Divorce.
Because Help Yourself Divorce is a “no-fault” divorce service, your divorce papers will be prepared based on the no-fault grounds that you’ve been living separate and apart for 12 months.
Maryland Residency Requirements.
To file for divorce, at least one party must have resided in the state of Maryland for at leat one year, if the grounds for divorce occurred outside the state. If the grounds for divorce occurred within the state of Maryland, there are no residency requirements but at least one spouse must be a resident of the state of Maryland.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Maryland for at least six months and currently live in Maryland, or have lived in Maryland within six months of filing.
Please note that you may be able to qualify for residency based on other requirements. If you are not sure whether you fall into one of the above categories, please seek advice from an attorney.
Filing for Divorce.
Generally you will file your divorce papers in the Maryland county where either spouse resides.
Maryland Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
After filing the divorce papers with the Court, you must “serve” your spouse with the papers. Service is made by having someone other than yourself, who is at least 18 years old, serve the papers upon your spouse. This can be done by Sheriff, process server, or 3rd party via certified mail, restricted delivery, return-receipt requested.
Waiting Period.
There is no specified waiting period under Maryland laws before your final divorce hearing may be held. How long it takes to obtain a hearing will depend on the schedule of the court.
Maryland Final Uncontested Divorce Hearing.
Your divorce will be finalized during a brief uncontested divorce hearing. Both spouses are typically required to attend.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.