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How litigated divorces actually proceed in Baltimore County, from temporary relief through discovery to trial.
A divorce is contested when the spouses cannot agree on one or more issues that the court must decide. That is a narrower definition than most people expect. A case is not contested because the divorce is painful, or because you disagree about who caused it. It is contested because there is a specific question, custody, support, alimony, or property, that has to be resolved by a judge if you cannot resolve it yourselves.
Most contested cases still settle before trial. The purpose of building a case properly is partly to win the issues that must be tried, and partly to reach a settlement on terms you can live with.
Contested cases take months, so the first practical question is often how the family functions in the meantime. A pendente lite hearing can set temporary custody, access, child support, spousal support and use of the family home. See temporary orders and pendente lite hearings.
After the first answer is filed, the court holds a scheduling conference, identifies the contested issues and assigns a case management track based on complexity. The track drives the deadlines and the trial date. Cases involving extensive property, business valuation, or high conflict custody assessments are handled on the most complex track.
Discovery is where contested cases are usually won or lost. Interrogatories, document requests, subpoenas to employers and financial institutions, and depositions establish what actually exists and what each party will say under oath. Where a business or pension is involved, experts may be retained to value it. See discovery and financial disclosure.
Baltimore County refers custody and visitation disputes to mediation, and in high conflict matters may order a custody evaluation or other assessment. These processes carry real weight and preparing for them properly matters. See mediation and negotiated settlement.
Contested divorce, custody and visitation matters generally go to a settlement conference before the merits trial, often before a recalled judge who can put a settlement on the record. Counsel exchange draft marital property statements and child support guidelines in advance, which by itself often narrows the dispute.
If issues remain, the court hears evidence and decides. Length depends on complexity, from a hearing measured in hours to a multi day trial.
This is a judgment call, not a principle. Trial makes sense when the other side’s position is unreasonable and provable, when disclosure has been incomplete, or when a child’s welfare requires a decision the other parent will not agree to. Settlement makes sense when the likely range of outcomes is known and the cost and unpredictability of trial outweigh the difference.
What no attorney can responsibly do is promise a result. Custody, alimony and monetary awards all rest on multi factor standards applied to particular facts.
Every divorce and custody matter turns on its own facts. The Law Office of Thomas K. Mallon, LLC offers a free consultation so you can get straight answers about your situation before you decide what to do next.
Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.
This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your case.