Representing Yourself In A Maryland Divorce

What if you’ve decided unequivocally that you want a divorce, but having to pay a lawyer is keeping you from moving forward? Can you represent yourself in Maryland? The short answer is yes, but most people with legal experience don’t recommend it. Still, there are very limited situations in which it might make sense to represent yourself. When you represent yourself in court, you are called a “pro se” or “self-represented” litigant. “Pro se” is a Latin phrase that means “for yourself” or “on one’s own behalf.” 

What is Involved in a Maryland Divorce?

Since October 2023, divorcing in Maryland has become significantly easier. Previously, Maryland had two types of divorce: limited and absolute. Limited divorce was also known as a legal separation, and it did not totally dissolve the marriage. Rather, it provided a period of time for couples to determine the disposition of family issues such as child custody, child support, and spousal alimony. Now, legal separation is no longer a legal concept in Maryland, and couples are either married or divorced. 

In another major change, “fault” grounds, such as adultery and desertion, have been abolished. The only three fault grounds are:

• A six-month separation 
• Irreconcilable differences 
• Mutual consent 

So, now that you understand the basic framework of a divorce case, let’s evaluate whether it makes sense for you to represent yourself.

Should You Represent Yourself in Your Maryland Divorce?

There are pros and cons in representing yourself in a divorce.  Many people consider representing themselves because of the money involved in hiring a lawyer. But there are serious downsides to self-representation, including failing to identify all assets that are subject to the divorce and not getting the legal relief you’re seeking because you did not follow the legal process properly.

If you decide to represent yourself, here are some important tips to remember:

• Conduct research to learn about what law applies to your case. Divorce law can be complicated, although the 2023 changes to Maryland divorce law make it slightly easier to navigate.
• If you believe that you and your spouse will disagree on many issues, including child custody and child support, alimony, and/or property division, learn about the options that would help you resolve these issues without having to go to court. For example, you can try alternative dispute resolution options, such as mediation or arbitration. 
• Except for the original complaint, which must be served on the other party by either the Sheriff, a private process server, or certified mail, every paper, pleading, or motion must include a certificate of service where you state that you have served a copy of the paper, pleading, or motion on the other party.  The certificate of service should appear at the end of the paper or as a separate document attached to the paper.  
• When filing a civil or family law case or when answering a complaint as the defendant in a civil or family law matter, you are required to complete a case information sheet. Information on these forms is used to determine the case track with respect to court times and helps in scheduling cases. 
• There are many deadlines in all court cases, including divorce cases. Keep track of all deadlines, especially those for filing papers and serving the other party. If you miss these deadlines, you may lose your case.
• Go to the courtroom where your hearing will be and watch some of the proceedings. You can learn where you’ll sit and how to explain your case to the judge. Pay attention to how the attorneys argue their cases, their demeanor, and how they dress.  
• Be prepared for your court hearing. Have copies of all the papers you filed, all the papers the other side served you with, and anything you have not served on the other side but want to use in court. If you have exhibits like photos or letters you want to show the court, you must mark each one with a label (Exhibit 1, etc.) and make sure they are organized.
• Act professionally in court. Explain your side briefly and clearly. Do not talk about issues that do not support your case.
• Be realistic about what the judge can and cannot do. Make sure you understand what legal relief you can get in your case and focus on that.
• Show respect for the judge, the court clerks, and other people in the courtroom. Do not interrupt the judge or the other side. Do not make personal attacks against the other side.

The Risks Involved in Self-Representation

One risk of self-representation in a divorce case is failing to identify all assets that are subject to division. For example, your spouse may have overpaid debts, invested in cryptocurrency, or underreported income in order to conceal his or her true wealth. Although this is not often a problem in a low-net-worth divorce or an amicable divorce between the parties, it can be an issue in a high-net-worth divorce or when the parties are acrimonious. If you choose not to hire a Maryland divorce attorney, you may not know how to engage in discovery to determine what assets your spouse has. 

Another big risk is that you might not obtain the relief you have requested because you failed to follow all required procedures. For example, if your spouse filed for divorce and you were served in Maryland, you must file an answer within 30 days in order to participate in the case. Failure to file a timely answer might result in the court granting your spouse the relief they requested by default.

Contact a Bethesda Divorce Lawyer Today

In most cases, it is a better idea to contact and work with a skilled Bethesda divorce lawyer instead of attempting to represent yourself. The sheer amount of paperwork and significant procedural requirements make self-representation perilous except in the simplest of cases. Here at the Law Offices of Brandon Bernstein, LLC, we can provide you with empathetic, experienced, and trustworthy divorce attorneys who will advocate for you. Contact us today for a free consultation.