[MD] [MD] How do I start a divorce proceeding?

Hello, my name is Charlie, and I am a licensed attorney. I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today.

Please allow me a moment to review your question, and I will be right with you.

I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.

Which state do you live in?

Understood. How long have you been married?

Do you know if your spouse will agree to the divorce?

I understand, and I am sorry to hear about her injuries. Do you own assets together like a house?

Yes, we own a house. I will give up most of the equity of the house for her care plus alimony. She is unable to work, so I know that I will be paying some sort of alimony.

I have a 1989 Corvette that I would like to keep. All items in the home we would sell and also put toward her care.

She will most likely be moving to one of her sisters’ houses when I do finally go through the full divorce. I just want to get the filing done. I will continue to care for her until the final divorce.

How long has it been since she worked?

Understood. Let me prepare some information to help you.

Thank you for sharing this — it’s clear you’ve been carrying a lot of responsibility while also trying to move forward in a thoughtful way. Based on what you’ve described, you absolutely can begin the divorce process in Maryland, but there are some unique considerations given your wife’s medical condition.

Here’s how you can proceed:

1. Filing for Divorce
   In Maryland, you may file for an absolute divorce if the marriage is no longer viable. Since you and your wife agreed to divorce prior to her accident, and you’ve been living under those terms, you already have grounds. You’ll begin by filing a Complaint for Absolute Divorce with the Circuit Court in your county.
2. Representation for Your Wife
   Because your wife has diminished mental capacity, the court will want to ensure that her rights are protected. If she cannot meaningfully participate in the proceedings, the court may appoint a guardian ad litem or another representative. This is not to oppose you — it is a safeguard.
3. Division of Property
   Maryland is an equitable distribution state. Your plan to sell the home and direct most of the equity toward her care while keeping your Corvette is consistent with what the court would expect, especially given her medical needs.
4. Alimony and Support
   Since your wife cannot work, the court will expect you to provide alimony.
5. Next Steps
   – File the Complaint for Absolute Divorce.
   – Prepare a proposed settlement agreement.
   – Expect the court to appoint someone to represent her interests.
   – Continue providing care, which reflects positively on you.

Bottom line: Yes, you can file now, even while still providing care.

If at any time you need an attorney to assist you, you can find one by contacting your local bar association for a referral. Legal aid or law school clinics may also help at low or no cost. Please let me know if you have any questions — I’m happy to assist further.

She does not have to be present to file. You file and have her served.

You fill out the form in its entirety prior to filing.

You just file the divorce documents to start the case.

You would have to contact your local court and inquire. Some courts have online forms and others do not.

You are welcome.

I wish you the best in this difficult situation.