Understanding the Divorce Litigation Process in Maryland: Part 2

If you and your spouse are thinking about parting ways, you probably have many questions about the litigation process. In Part I of this blog series, we discussed how to start the divorce process in Maryland — and the requirements to commence a case. Part II focuses on what happens leading up to the trial as your case proceeds through the court system. Don't miss the final part, "Part 3," where we explain the last phase of the divorce process and how it can be finalized through a settlement or trial.

The Scheduling Conference

The scheduling conference is usually the first court date in the divorce process in Maryland. At this conference, the court will determine what the issues are, schedule the steps in the development of your case, and determine how the matter will proceed. Deadlines for discovery and required filings will also be set.

Additionally, the court might issue an order at the scheduling conference that mandates you to participate in one or more court programs, including a parenting seminar, children’s program, and mediation. In some cases, custody evaluations, psychological evaluations, substance abuse screening, and paternity testing may be ordered. If appropriate, the court may assign an attorney to represent any minor children.

Mediation

After court pleadings have been filed and both parties have appeared at the scheduling conference, the court may order you to attend one (or more) mediation session(s) — in fact, mediation is typically mandatory if your case involves child custody issues. Mediation is a confidential and non-adversarial process in which a neutral third party, called a mediator, helps facilitate healthy communication between the parties in the hopes of reaching an agreement. The mediation process gives you and your spouse control over the outcome of your case and allows you to find creative solutions for the matters that need to be decided.

Although the court may order mediation, a judge cannot compel you to enter into a settlement agreement or force you to agree. If you and your spouse are unable to reach a resolution, your case will proceed through the litigation process and the court will decide the outcome. Notably, you and your spouse are free to resolve the issues that must be decided at any time before a judge issues a decision.

In addition to mediation, all parents with minor children who are going through the divorce process must complete a six-hour co-parenting class. The classes are not designed to teach parenting, but instead to teach how to effectively co-parent when your romantic relationship has ended. These classes can be taken online and are not meant to help you learn how to parent, but instead they are meant to help you learn how to co-parent effectively while in separate homes. You will get a certificate upon completion, which should be provided to your lawyer.

The Pendente Lite Hearing

A few months after you have filed for divorce, a pendente lite hearing will be held in your case. Specifically, “pendente lite” is Latin for “during the litigation.” At this court hearing, a family law magistrate or judge will determine how certain issues will be handled while the matrimonial action is ongoing. They will also establish temporary orders for that period of time while your case progresses.

Depending on the facts of the case, issues that are commonly addressed during a pendente lite hearing can include:

• Child custody
• Visitation matters
• Child support
• Alimony
• Attorney’s fees
• Use of the marital home
• Use of the family vehicles
• Maintenance of health insurance

The objective of the pendente lite hearing is to ensure the financial status quo is maintained until the parties can reach a settlement agreement, or the court makes a decision based on the merits of the case. When children are involved in a divorce case, the goal of the pendente lite hearing is to help provide the children with stability and avoid unnecessary disruption to their lives while the case is pending.

Notably, pendente lite hearings do not happen in every divorce case — they must be specifically requested. Whether a pendente lite hearing should be requested will depend upon the circumstances surrounding your specific case. If the temporary orders issued in the case work for both parties, the terms may be incorporated into a settlement agreement.

The Discovery Process

Discovery is the stage of litigation in which information is exchanged between both sides. It allows each spouse to gain a better understanding of the other’s financial situation and position in the case. Both parties may seek financial documents from each other, ask questions about income — and gain information to make informed decisions. Discovery tools that may be used by the parties in a case can include the following:

• Interrogatories — Interrogatories are written questions that can be used to discover more information about a spouse’s income, property, and assets.
• Depositions — Depositions of the parties and any relevant third parties may be conducted during the Maryland divorce process. A deposition is a series of oral questions and answers which are taken under oath, and recorded by a court reporter.
• Requests for Production of Documents — A party in a divorce case may ask their spouse for a copy of documents in their possession that are relevant to the issues that must be decided in the case.
• Requests for Admission — Requests for Admission are a discovery tool that is used in a divorce case. The party upon whom the request was served must answer under penalty of perjury, and either admit or deny specific factual statements.
• Subpoenas — If neither party has access to a specific document or a spouse refuses to comply with a discovery demand, a subpoena can be issued to a third party, who must then provide the information.

Discovery is a crucial part of the Maryland divorce process — and it can also be one of the most lengthy and expensive stages of the litigation process. Failure to comply with discovery requests during a divorce case is a serious matter that can result in serious consequences, including sanctions and being held in contempt of court.

Contact an Experienced Maryland Divorce Attorney

The divorce process in Maryland can be emotionally overwhelming and legally complex. It’s critical to have a skillful divorce attorney by your side who can walk with you every step of the way. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce lawyers are committed to ensuring you understand your rights and options — and will help you navigate the court system. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we will work closely with you to find a solution that is best for you and your family. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.