The First 30 Days After Filing: What to Expect in Your Maryland Divorce

Filing for divorce is one of the most significant decisions you’ll make in your life. Once those papers are filed, many clients tell us they feel a mix of relief and anxiety—relief that they’ve finally taken action, and anxiety about what comes next. Understanding what to expect in those critical first 30 days can help ease some of that uncertainty.

Days 1 – 3: Writ of Summons and Service of Process

After your Complaint for Absolute Divorce is filed with the Circuit Court, the Circuit Court will issue a Writ of Summons. This is a document which essentially functions as a notice to the other party that a divorce case has been filed against them. The Circuit Court will typically issue the Writ of Summons within 1 – 3 business days of the filing of your divorce Complaint.

Once you or your attorney receives the Writ of Summons, the next step is serving your spouse with the divorce papers. By serving your spouse with divorce papers, they are being formally notified of the divorce action and their timeline to respond to your complaint begins running. In Maryland, service of the divorce papers is often made through personal service (physically handing the divorce papers to your spouse) through a sheriff, private process server or other individual. Note, as a party to the case, you cannot personally serve your spouse with divorce papers.

Once your spouse is served, they have a certain amount of time to respond. If your spouse is served in Maryland, they have 30 days to file a response with the Court. If your spouse is served outside of the State of Maryland, they have 60 days to file a response with the Court. If your spouse is served outside of the country, they have 90 days to file a response with the Court.

Weeks 1 – 2: Initial Reactions and Communications

The first week or two after your spouse is served can be emotionally charged. Your spouse may reach out directly, sometimes angry, sometimes wanting to reconcile, sometimes ready to negotiate.

During this time, it is especially important to keep communications civil and in writing when possible. If you have an attorney, let them handle legal communications. If you have children, keep those conversations focused on the children’s immediate needs, not the divorce details.

This is also when many clients start gathering financial documents—tax returns, bank statements, retirement account statements, and pay stubs. Even if your spouse hasn’t responded yet, this preparation time is valuable.

Weeks 2 – 4: Your Spouse’s Response (or Lack Thereof)

Your spouse will likely file one of three things:

1. An Answer – In the Answer, your spouse would be admitting or denying the allegations in your Complaint.
2. An Answer and Counter-Complaint – In addition to filing an Answer, your spouse may also choose to file a Counter-Complaint. In the Counter-Complaint, your spouse may make allegations surrounding their side of the case and making their own requests to the Court.
3. Nothing – It is possible that your spouse may fail to file a response within the required time period. If this happens, you may be able to pursue a default judgment in your divorce.

Immediate Practical Matters

During this first month, several practical issues often arise:

Financial Accounts: Use the first few weeks to review your financial accounts, assets and any major debts. Understanding your finances is a critical part of the divorce process – both for the divorce and planning your post-divorce life.

Living Arrangements: If you and your spouse are still living together, this period can be tense. Some couples establish house rules or separate spaces. Others find that one person moves out quickly. There’s no “right” answer, but whatever you do, aim to establish a sense of stability and predictability.

Children’s Schedule: If you have children, try to maintain normalcy in their routine. Keep the children away from spousal conflict as much as possible. Regardless of the differences that you and your spouse have, keeping the children shielded from conflict is extremely important.

What Happens After Day 30?

After the first month or the time that your spouse responds to your Complaint, you will likely attend several Court hearings, including a Scheduling Conference. Your case will also likely move into the discovery phase, where both sides exchange information and documents regarding their finances, children and other issues. Depending on the complexity of your case, your divorce could resolve through negotiation within a few months, or it could take much longer if you go to trial.

Moving Forward with Confidence

Nobody enters a divorce knowing exactly what to expect, but understanding the process removes some of the fear of the unknown. The first 30 days will likely feel overwhelming at times, but remember: you’re not alone, and this phase is temporary.

If you’re facing a divorce in Maryland and trying to figure out what approach is right for you, it’s wise to consult with an experienced divorce attorney. The Greenberg Legal Group LLC represents clients in complex divorce and custody matters. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 237-6558 for further assistance.