What to Expect During Divorce Litigation in Maryland

 Posted on April 18, 2025 in Divorce

The most common reasons for divorce are generally expressed as lack of commitment, infidelity, too much conflict, financial issues, and lack of physical intimacy. The least-cited reason for divorce is a lack of shared interests. Divorce can be emotional, complex, and challenging – and that is just for starters. Understanding what to expect when your divorce ends up in court can help you deal with the process a bit better.

Litigation is the term used for legal action between two spouses who disagree about certain issues in the divorce. Litigation is necessary when the two spouses cannot come to a mutual agreement, and it can be intimidating for those who have never stepped inside a courtroom. It can be extremely helpful to have a knowledgeable Gaithersburg, MD divorce attorney who can guide you through the litigation process.   

What Are the Basics of Divorce Litigation?

During divorce litigation, both parties – usually through the attorneys - will be allowed to present certain facts that are associated with areas of disagreement. When disagreements involve children, the court is primarily concerned with the child's best interests. While the parents' wishes will be considered, they will not be the court's overriding concern.

A family court judge will not want to be forced to rule on every detail of a divorce, such as which spouse gets Aunt Ruth’s china place settings. Every effort should be made to come to mutual agreements on divorce issues, with only those issues that simply cannot be resolved brought before a judge.

The division of marital assets will depend on the state. Maryland is an equitable distribution state rather than a community property state, meaning that marital assets are divided fairly, although not necessarily equally.   

What is the Process of Divorce Litigation?

Divorce begins when one party files divorce papers, and the other is served the papers and usually has 30 days to respond. Once an answer is filed, the court schedules dates and deadlines and may require the couple to participate in mediation. Once litigation begins, the following process begins:

The Discovery Phase

During discovery, both parties are required to exchange information with one another involving finances and other issues. The discovery phase can include requests for documents, interrogatories, and depositions. Interrogatories are written questions sent during the discovery phase of a divorce, which require written answers. These answers should generally be short and to the point and should not deviate from the question asked.

Any false or misleading information could result in the loss of assets or an unfavorable custody agreement. A deposition is an in-person meeting between both spouses, their lawyers, and a court reporter, where questions are asked of both spouses. Depositions can provide valuable information regarding the issues that must be decided, including the division of marital assets, child custody, child support, and spousal support.

Settlement Negotiations

Settlement negotiations along the way will follow as the couple and their attorneys attempt to reach agreements on each controversial issue. When these settlement negotiations reach a standstill, and no decision is being made, certain issues will be presented to the judge in the case during a trial.

The Court Trial

Each spouse’s attorney will present evidence and arguments to the court based on what his or her client wants. The court will consider various factors during the trial, depending on the issue. Child custody issues only consider the best interests of the child after looking at all the relevant factors.

Marital asset division considers how to divide the assets fairly based on several factors. Just because one spouse took care of the children and the home does not mean he or she will not get a fair share of the marital assets. The court will make a final ruling on all these issues, and both spouses must abide by the judge’s ruling.

Contact a Montgomery County, MD Divorce Lawyer

If you are facing a divorce, having a skilled Bethesda, MD divorce attorney form Diamant Gerstein, LLC as your advocate can make the process easier and quicker. Our attorneys have strong community ties and are very hands-on with clients. Call 301-560-2685 to set up an initial attorney meeting. Se Habla Español. אנחנו מדברים עברית