Understanding the Divorce Litigation Process in Maryland: Part 3

Divorce can be an emotional and lengthy process. As your case proceeds through the court system, there are a number of litigation phases before trial. Importantly, you and your spouse can reach a settlement out of court at any time during the litigation process and avoid the need for trial. Part I of this blog series discussed how the divorce process in Maryland begins and Part 2 described what happens during each stage leading up to trial. In Part 3, we will explain the last phase of the divorce process — and how divorce can be finalized through a settlement or trial.

The Settlement Conference

A divorce settlement conference gives spouses an opportunity to resolve the issues that must be determined in their divorce before the case goes to trial. A neutral third party (often a retired Judge) will meet with you, your spouse, and both your attorneys to facilitate discussion and attempt to assist with reaching a settlement. Essential issues such as child custody, child support, spousal support, and property division can all be discussed in detail and negotiated at the settlement conference table. Rather than leave it up to a judge to decide the outcome of your case, parties who participate in settlement discussions can determine the issues for themselves and enter into an agreement out of court.

It's critical to discuss your goals for the settlement conference with your attorney. Notably, all settlement conferences require some give and take. You likely won’t get everything you want — and neither will your spouse. In many situations, a case can be resolved with a settlement conference and there will be no need for a trial. In such cases, a settlement agreement can be drafted and submitted to the judge to become a binding order. But if the parties cannot agree on all the issues, the case will proceed to trial

Trial Preparation

In the event your case doesn’t settle following the settlement conference, your attorney will begin to prepare for trial. However, not every issue might need to be decided in court —you may have settled certain matters at the settlement conference. Depending on the issues that will be heard at trial, preparation can involve the following:

• Setting a list of objectives — It’s important to set goals with your attorney and talk about your objectives. This can help identify the issues that are important to you, and which issues you are willing to compromise on.
• Gathering evidence — To prepare for a divorce trial, your attorney will gather evidence to support your case and determine what information obtained during the discovery process is relevant.
• Interviewing witnesses — Your lawyer will want to interview people with first-hand information that can support or refute the testimony that will be offered by you, or by your spouse, at trial.
• Reviewing your financial situation — If property division, child support, or spousal support are issues to be decided at trial, the court will need to have an understanding of your financial situation. You and your attorney will review your bank statements, tax returns, and other financial documents to understand your complete financial picture.

While every divorce is unique, each case must be prepared differently. It’s vital to work closely with your attorney so they can develop an effective strategy in your case. At this time, it’s also essential to emotionally prepare yourself for the challenges and uncertainty that can arise during the divorce process in order to remain calm throughout the trial process.

Pretrial Conference

The pretrial conference is typically the last step in a divorce case before the trial. The conference usually takes place in the judge’s chambers with the judge and each spouse’s attorney present. The parties usually wait in the courtroom but must be available if issues arise that require their input.

The purpose of this conference is to schedule the trial dates and any other events leading up to the trial, such as deadlines to disclose evidence. After a trial has been requested, it may take a few months to appear on the court’s calendar. At the conference, the judge will also require each spouse to submit pretrial disclosures and discuss the information they contain — including your potential witnesses, the evidence you plan to present at trial, and the issues must be decided at trial.

The Trial

The last stage of a litigated divorce is the trial. A divorce trial gives both spouses the opportunity to present evidence and assert their positions in court regarding any issue that could not be settled. Although the issues in every case are different, every divorce trial generally follows the same structure:

• Opening statements — Each side’s attorney will make an opening statement that highlights the issues they want the court to address.
• Witness and expert testimony — There are two types of witnesses that can testify in a divorce case: expert witnesses and fact witnesses. Expert witnesses can help the court understand a specific issue in the case. Fact witnesses provide information regarding what they witnessed in relation to the case.
• Each side’s legal argument — During the trial, the attorneys for each spouse will present the legal arguments in support of their cases.
• Guardian ad litem testimony — If child custody is at issue, the court may appoint a guardian ad litem who will represent the best interests of the children.
• Closing arguments — After all the evidence has been presented in your case, both parties will present their closing arguments which summarize their position and discuss any weaknesses in the other side’s case.
• The judge’s decision — Following the closing arguments, the judge will render a ruling in the case. The divorce decree will be issued in writing and include instructions concerning the specifics of the case.

If a divorce trial doesn’t go the way a party expected, there may be options available. Once the judge has made a ruling, either party may file a post-trial motion requesting that the judge reconsider or modify their decision. If either side disagrees with the judge’s ruling and a mistake of law or fact was made, an appeal may be filed.

Contact an Experienced Maryland Divorce Attorney

Whether you settle your case or proceed to trial, the divorce process can be stressful and overwhelming. It’s crucial to have a diligent divorce attorney by your side who can guide you through every phase of litigation. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce lawyers are dedicated to providing compassionate counsel and reliable representation as we help you navigate the complexities of the divorce process. 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.