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Things to Do Before You File for Divorce in Maryland

by Melissa Schmitz
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Before you begin the divorce process in Maryland, it’s helpful to be as prepared as possible. You will need to access the right paperwork, fill it out, and submit it properly. You will need to make decisions with your spouse about things like your shared home, vehicles, debts, and children, if you have any. 

Preparing to file for divorce in Maryland

If you and your spouse are fairly amicable, the process of sorting out your settlement will be simpler. Still, it’s not easy for anyone to get divorced. To cover your bases and protect your peace of mind, keep reading to learn how to prepare for divorce in Maryland. 

Evaluate your personal situation

Finances

As a matter of course, you and your soon-to-be ex will need to split your assets and other marital property between you. Every couple’s situation is unique. Some couples will also need to work out arrangements for child support and perhaps spousal support. A lot of couples grapple with what to do with their marital home.

You need to understand what your financial picture looks like, as you will share your information with your spouse (and vice versa) through a required financial disclosure form in your divorce process. It’s important to be as truthful and thorough as possible when filling out this form so the split is fair.

A lot of people wonder whether they can even afford divorce. They’ve heard tales of expensive divorce lawyers with steep retainer fees. The good news is, the majority of people can get divorced without the assistance of divorce lawyers. Read How to Divorce in Maryland Without Lawyers to learn more about that.

As a divorcing person, you may want to get professional advice and assistance from a certified divorce financial analyst, or CDFA. This is a specialist who can assess your current financial situation, project your financial needs for the future, and help you figure out how to move smoothly into your next chapter.

Career

Your divorce proceedings may take time away from your job. For example, you might need to miss work to attend hearings or meet with a mediator or lawyer. Furthermore, you might need or want to cut back on work stress (if you can) since divorce is a difficult life situation.

Stable employment with a flexible work schedule is ideal. If possible, assess your career status (which, in turn, impacts your finances) to make sure you’ll be as comfortable as possible during your divorce process.

Living arrangements

Where will you live while your divorce is pending? After it has been finalized? Some couples continue living under one roof during divorce proceedings to save money. Others feel they need to live apart as soon as the decision to get divorced has been made.

It’s important to know where you will live. If you have kids, it’s critical that you (and they) have this information. Think these arrangements through before filing for divorce, if you can. Knowing you will have a roof over your head can help you feel more secure during this stressful time.

Learn Maryland’s residency requirements

Many states impose a residency requirement that must be met before divorce. For example, in neighboring Pennsylvania, one or both divorcing people must have lived in the state for the six months preceding the divorce.

In Maryland, the requirements aren’t quite so stringent. One person must simply be a resident of Maryland on the day of filing.

However, if your grounds for divorce occurred outside of Maryland’s borders, the requirement is different. In that case, like in Pennsylvania, one member of the couple must have lived in the state for at least six months before filing.

Gather your financial information

Income sources

Identifying your income sources will help you get a clear idea of your financial picture. For many people, this includes more than just their monthly salary. It also includes revenue from investments, rental properties, government payments, retirement benefits, and any side gigs they may have.

Expenses

Divorce can be expensive, and it can be unsettling to divide your assets between yourself and your spouse as you part ways. You may find yourself on a tighter budget than you were before the divorce. As such, it’s important to think about your monthly expenses and create a budget that will sustain you.

Read: How to Create a Post-Divorce Budget

Joint funds

As you prepare to divide your assets between you, it’s important to have a thorough accounting of any jointly held funds. Do you and your spouse share any savings accounts, checking accounts, or credit cards? All of this information should be noted before you negotiate your divorce settlement. Thorough knowledge is the best way to come up with a fair settlement.

Transparency

Most divorcing couples will need to complete a Financial Statement as part of their divorce process. Templates of these statements can be viewed here:

If you click on the first link, you will see that very precise information (dollar amounts for all home-related expenses and second-home-related expenses, along with information about children, school expenses, medical expenses, and recreational expenses) is required.

Assess your immediate needs

If you’re filing for divorce in Maryland and believe you will need extra help right away, you can attach a motion for temporary orders to your divorce petition. These temporary orders may pertain to financial compensation, child custody, or other important issues. 

Your spouse can agree to or contest the motion. If they contest it, the court may request more information from both of you at a hearing. 

For example, as a petitioner in Maryland, you may feel that you need temporary financial support from your spouse while you go through the divorce proceedings. Three types of alimony are available in Maryland: indefinite alimony (uncommon), rehabilitative alimony (short-term), and pendente lite. This third type of alimony is what we’re looking at now: It’s a type of alimony paid by one spouse to the other during divorce proceedings.

Pendente lite can be helpful if someone has an immediate financial need. For example, if one spouse works full-time while the other has stayed at home to take care of the children, the working spouse may be ordered to pay the unemployed spouse pendente lite so they can continue to pay bills and buy groceries during grocery proceedings. 

Craft a divorce strategy

Crafting a divorce strategy can help you feel more secure as you move through your divorce proceedings. It entails thinking about how you would handle various situations and devising clear ground rules with your spouse as you begin this process. 

You might ask yourself the following questions. Use your answers to craft your divorce strategy.

  • What are our grounds for divorce? Do we both understand our options?
  • When and where will we discuss divorce-related matters?
  • Can my spouse and I agree to a certain level of decorum during these discussions?
  • What do I know about the divorce process in Maryland?
  • What do I still need to learn about the process, and where can I get that information?
  • Would a mediator be helpful as we negotiate our divorce settlement?
  • Are there other professionals we might want to use, such as a CDFA or legal coach?
  • Do we want a litigated divorce, or would we prefer to settle out of court? 
  • What resources are available to help us have our “ideal” divorce?

Mediation can help

In Maryland, if both of you are willing, you can file for a Mutual Consent divorce. This type of divorce is the fastest and least expensive option. It’s for couples who agree on all aspects of their divorce settlement – everything from who gets the house to who has custody of the kids. 

An agreement like that may feel like a tall order. But consider the alternative: A contested divorce in which you and your spouse fight against each other in court. Such a situation would likely require you to hire a divorce attorney with a retainer fee.

So, how can you and your spouse get a Mutual Consent divorce when you don’t necessarily see eye to eye on every little detail? The answer: divorce mediation.

If you are willing to work with a third person who is trained in conflict resolution to iron out your divorce settlement, you may be able to get divorced without paying expensive lawyers to help. Furthermore, you’ll have more of a say in the outcome of your settlement than if you were to leave it up to a judge to decide.

Suggested resources:

We know this is a lot of information to take in as you prepare for divorce in Maryland. We’re here to help. At Hello Divorce, our staff is knowledgeable about Maryland divorce laws and procedures. We offer divorce plans and services that can make your experience much easier. Schedule a free 15-minute phone call with us to learn more about what we offer.

References

Divorce. MDCourts.gov.
Divorce Series: Mutual Consent Divorce. MDCourts.gov.

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