The Divorce Process in Maryland - What to Expect After Filing for Divorce

 Posted on January 19, 2026 in Divorce

After filing for divorce in Maryland, it can take anywhere from a couple of months to a year or more for the divorce to be finalized with the Court signing a Judgment of Absolute Divorce. The timeframe depends on the level of acrimony or contention between you and your spouse, the issues involved, and whether you are able to come to an agreement on those issues.

At the outset, it is impossible to predict exactly what will happen after you file for divorce. Every situation is different. The initial steps tend to be the same, but the course your case will take after that can vary significantly based on whether the divorce is contested or uncontested, if there are children involved, and the specific circumstances of your situation.

But you have filed for divorce in Maryland in 2026. Now what? Our Columbia, MD divorce attorney can answer your questions.

Writ of Summons

After you file the Complaint for Absolute Divorce, the Court will process your filing and issue a Writ of Summons with a case number. The Summons is a document that is directed to your spouse and which tells your spouse that a divorce case has been filed. It will also tell your spouse when a response to the Complaint must be filed with the Maryland Court. You have 60 days to properly serve the Summons along with the Complaint.

Service of Process

Service of process (or service) is how your spouse is notified about the case and is given the paperwork you filed with the Court. There are specific rules for properly serving someone and you can’t be the person who serves your spouse. Another adult must serve your divorce paperwork and then give proof to the Court that service of process occurred.

Your case cannot proceed to the next steps in the divorce process if your spouse is not properly served, so it is crucial that you follow all the Maryland Rules for service of process.

Answer and Counter-Complaint

Once your spouse is served with the Summons and Complaint for Divorce, a response must be filed with the Court within a certain time period. If served in the State of Maryland, a response must be filed within 30 days of service. If served outside the State of Maryland, but in the United States, a response must be filed within 60 days of service. If served outside the United States, a response must be filed within 90 days.

Generally, the response to a divorce filing consists of an Answer, which "admits" or "denies" each of the allegations contained in the Complaint for Divorce. Oftentimes, a Counter-Complaint for Divorce is filed along with the Answer. The Counter-Complaint will outline the other person’s version of events and is similarly structured to the Complaint.

Order of Default

If a response to the Complaint for Divorce is not filed within the proper time, then you can file a Request for Default. The Court can then issue an Order of Default, which allows the divorce case to proceed without the participation of the defaulting party. There is, however, a period when the defaulting party can ask the Court to vacate the Order of Default. If the order is vacated, usually the Court will allow a short amount of time for an Answer to be filed.

First Appearance in Court

After the Defendant has filed an Answer, or after the default period has passed, the Court will schedule a date for everyone to appear in Court. This is where the different paths a divorce case can take in Maryland start to diverge. The substance of the first appearance in Court will depend on the status of your divorce case.

If you and your spouse have a written agreement on all issues arising out of your separation and divorce, and there is nothing left for the Court to decide, the first appearance could be your final divorce hearing.

The Judge or Magistrate would take testimony supporting your request for a divorce and receive and review your written marital settlement agreement. Assuming everything is properly filed, the Court would then enter a Judgment of Absolute Divorce, thus ending your marriage and divorce case.

When you and your spouse do not have an agreement on one or more issues arising out of your separation and divorce, the Court will generally use that first appearance to determine what the issues are that need to be decided and to schedule future hearing dates and deadlines in your case. The Court can also order further services, like mediation or a custody evaluation.

It is important to note that each Circuit Court has its own process in handling the first appearance in Court, and determining what dates, deadlines, and services will be needed and available to the parties.

Temporary Custody and Financial Support

Because you could be waiting for many months before reaching a final divorce trial or an agreement with your spouse, the Court has the authority to put some temporary measures in place to help stabilize your situation. If appropriate, the Court will hold a pendente lite hearing to address these measures. Pendente lite is an old Latin term meaning "pending the litigation," and is a way for the Court to decide custody and financial issues on a temporary basis while your divorce case is moving through the process. A pendente lite hearing is usually much shorter than a final hearing and the intention is to maintain the status quo as much as possible for the parties and children, if necessary.

Discovery and Preparation

Discovery is the process of gathering information about your case, so that you and your attorney can prepare for informed negotiation or trial. There are certain tools that can be used in discovery, like requesting information and documents from the other side or third parties and taking depositions of relevant people including your spouse.

Through discovery, you can learn about income and expenses, assets and liabilities, custody and parenting, and generally about the claims and defenses your spouse is making. The goal is full transparency, so discovery can be very time consuming and labor intensive. However, the Court takes discovery and properly responding to discovery very seriously and many times cases are theoretically won and lost because of the discovery process. It is that important.

Negotiation and Mediation

While the Court has the ability to decide all issues arising out of your separation and divorce, it is much preferred that you and your spouse come to an agreement without the need for a Judge to decide. In fact, you and your spouse can continue your efforts to reach an agreement all the way up until a Judge makes a decision in your case, and sometimes even after that.

Since a marital settlement agreement is the preferred method of resolving a divorce case, the Court is always looking for ways to help you and your spouse agree on things. Many times, the Court will order that you attend mediation with a neutral third party who will facilitate discussions between you and your spouse with the goal of reaching an agreement on some or all issues.

But even if the court doesn’t order mediation, or mediation is unsuccessful, there is still room for negotiation. Throughout your case, it is important to continuously explore the possibility of settlement, for so many reasons, not the least of which is that it saves you money and time, and it gives you control over what happens in your divorce.

Final Merits Trial

Not all cases can be resolved by an agreement of the parties. If you and your spouse can’t decide your issues without Court intervention, then you will have a hearing called a merits trial and a Judge or Magistrate will decide those issues for you. At a merits trial, you and your spouse can both present evidence and testimony, examine witnesses, and make arguments to the Court.

At the end of your merits trial, the Judge or Magistrate will make a decision based on the evidence presented. The Court will incorporate that decision into a Judgment of Absolute Divorce, which ends your case and marriage.

Work with a Columbia, MD Divorce Lawyer

Divorce trials can be extraordinarily complex, so it is highly advisable that you hire an experienced Columbia family law attorney to assist you in preparing and presenting your case. In fact, you should speak to an attorney with DM Family Law as soon as the thought of divorce crosses your mind. You need an excellent Maryland divorce lawyer on your side to help you through the divorce process. Call 443-545-8100 today.