At Leffler, Bayoumi & Oliver, LLC, our attorneys bring substantial courtroom experience to every litigated matter and are prepared to protect your rights and interests through strategic, effective advocacy.
The Divorce Litigation Process
Understanding the litigation timeline helps you prepare:
Filing and Response
- Complaint: The divorce is initiated by filing a complaint, which is your formal request to the court outlining the relief you are seeking, such as a divorce, custody and parenting arrangements, child support, alimony, and the division of marital property.
- Service: Your spouse must be formally served with the papers so they are on notice regarding the relief you are seeking
- Answer: Your spouse files a response, often with counter-claims
Discovery Phase
During the discovery phase, both parties exchange information and gather evidence relevant to the issues in the case, such as finances, custody arrangements, and other matters the court will need to decide. This process is designed to ensure transparency and allow each side to evaluate the strengths and weaknesses of the case before trial or settlement negotiations.
Common discovery tools include:
- Interrogatories: Written questions that must be answered under oath.
- Requests for Production: Formal demands for documents such as financial records, bank statements, tax returns, or communications.
- Depositions: Oral testimony given under oath and recorded before trial.
- Subpoenas: Court orders requiring third parties, such as employers, banks, or medical providers, to produce records.
Motions and Hearings
During a divorce case, either party may ask the court to address specific issues before the case is finalized by filing a "motion", which is a formal written request asking a judge to enter an order on a particular matter. Motions are often used to resolve urgent or time-sensitive concerns and are typically followed by a court hearing where each side has the opportunity to present arguments and evidence.
Settlement Negotiations
Even in litigated cases, most divorces resolve before reaching trial. Settlement discussions may take place directly between attorneys, through court-ordered mediation, during settlement conferences with a judge, or by exchanging formal settlement proposals. The goal of any negotiated agreement is to resolve the case without the need for a trial or a judge to decide the outcome. This gives the parties greater control over the result, preserves privacy, and often reduces the time, expense, and emotional strain associated with prolonged litigation.
Trial
If settlement efforts are unsuccessful, a divorce case may proceed to trial, where a judge (not a jury) hears the evidence and decides the unresolved issues. The trial process typically includes opening statements from each side, the presentation of evidence through witness testimony and documents, cross-examination, and, when appropriate, expert testimony from financial professionals or custody evaluators. After closing arguments, the judge issues rulings resolving all contested matters.
At trial, the court may decide whether legal grounds for divorce have been established and determine how marital property and debts should be divided. The judge may also rule on whether alimony should be awarded and, if so, under what terms, establish legal and physical custody arrangements, calculate child support under Maryland guidelines, and determine whether one party should contribute to the other's attorney's fees.
The Cost of Litigation
We believe in being transparent about costs from the very beginning. Litigation can be more expensive than negotiated solutions, as the process often involves extensive discovery, expert analysis, multiple court appearances, and the time-intensive preparation required for trial. Our team works efficiently and strategically to manage expenses while still delivering thorough, high-quality representation. We discuss anticipated costs at the outset and keep you informed along the way so you can make thoughtful, well-informed decisions at every stage.
Our Litigation Strategy
When litigation becomes necessary, having attorneys with real courtroom experience can make a critical difference. At Leffler, Bayoumi & Oliver, LLC, our attorneys are seasoned trial advocates who regularly appear in the Howard County Circuit Court and courts throughout Maryland. That experience gives our clients a meaningful advantage, from a deep understanding of local procedures and judicial expectations to the ability to present complex financial and custody issues clearly, examine witnesses effectively, and identify the evidence most likely to persuade.
Our litigation approach is thorough, strategic, and client-focused. We build each case carefully from the outset by conducting comprehensive investigations, analyzing financial information, and working with respected experts such as forensic accountants and appraisers when appropriate. We advocate zealously at hearings and trial while keeping the broader objectives of the case in view, and we communicate openly at every stage so clients understand both the process and their options. Because we prepare every matter as though it may proceed to trial, we are well positioned to negotiate from a place of strength, often achieving efficient resolutions while remaining fully prepared to present the case in court when required.
