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Do I Have to Go to Court for a Divorce in Waldorf, Maryland?


It depends on how complicated the divorce is. Often, with “simple” divorces, there is only one court appearance, and that occurs at the end of the proceedings when the Maryland divorce court judge issues the final divorce decree terminating the marriage. Generally, your attorney will “go to court” on your behalf while you are busy at home or work. But, the court may want the spouses to attend court, particularly the final hearing. That hearing is usually somewhat routine and not very stressful. It will not be anything like a television or movie version of a court trial. Any stress level should also be reduced by the fact that your trusted divorce attorney will go to court with you. The purpose is to allow the judge to be sure that all the paperwork is in order, to ask a few questions, and to make sure that there are no unresolved issues. Sometimes, even this one appearance in court can be avoided if the spouses file for a Maryland Divorce by Mutual Consent. Your attorney will handle the final appearance unless the judge wants the spouses present. In the end, the divorce court judge will decide if the spouses must attend a hearing.

In addition, even with a contested divorce, it may be possible to have the spouses appear only once before the court. A Maryland Divorce By Mutual Consent requires that the spouses agree on EVERY aspect of the divorce. That can be difficult, so the spouses will file a “normal” divorce and ask the Maryland divorce court to resolve the few issues that remain disputed. In some cases, those issues — like the amount of alimony — can be resolved by the spouses’ attorneys appearing in court (rather than the spouses themselves).

On the other hand, if the divorce is complicated and hotly contested by the spouses, then it is likely that the spouses will be required to go to court. Likely, in such cases, the spouses will be going to court more than once. Why? To resolve hotly contested issues in a divorce, the Maryland divorce court judge will have to consider evidence. One type of evidence needed is oral testimony from the spouses — as you might see on television or in the movies. Let’s say one spouse claims there was domestic violence during the marriage, and the other spouse denies the claim. At some point, the court must decide who is telling the truth, and in-court testimony will be needed.

Sometimes, only a day or two is needed for in-court testimony. Thus, the spouses will have to go to court only a couple of times. In other cases, there are serious issues to decide, and a trial is required. Trials might take a few days to a couple of weeks to resolve. Spouses are generally required to go to court on trial days.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.

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