Legal Question in Family Law in Maryland

Re: length of the procedure for divorce

Your question cannot be answered because the two events are not necessarily related. To get a final divorce decree, one of the parties has to file a court complaint for divorce. The separation agreement would become the governing terms of the divorce, and allows the divorce proceeding to be classified as uncontested.

This will serve to speed up the process, but the exact amount of time depends upon how cooperative the non-filing spouse is and what county you are in.

To get it done quickly and above all properly, consult an attorney who knows how to handle this type of case. If I can be of assistance, particularly in Montgomery or Prince George's counties, you can reach me at 301 986-4555.

Re: length of the procedure for divorce

A separation agreement can establish that there are grounds for divorce after one year from the date of the separation by demonstrating that the separation was mutually voluntary, but you can't file for the divorce on those grounds until you have actually been separated for at least one year. If the year is up, and you have filed for divorce, there are still several hoops you have to jump through before the judge signs a judgment of divorce. The other party has to answer the complaint, and a hearing has to be scheduled (a divorce cannot be granted in Maryland without the taking of testimony). Your question does not make it clear whether these things have been done, but I expect from the question that you have been represented by an attorney in the drafting of the agreement. Your attorney should be watching the calendar to file a complaint for divorce when the year is up, but you should, too, and you may need to remind the lawyer that it's time to file for divorce. If all of that has been done, and testimony has been taken, in most counties the attorney needs to prepare the judgment of divorce for the judge to sign. And the judge will usually sign it within a few days after he receives it.