Divorce

Are you ready to divorce? Three key steps to untie the knot

Divorce is a big decision, but chances are, if you are even reading this, it might be just the solution you need. This article will help you prepare for and begin the divorce procedure, mutually or on your own, in three key steps…

• Thinking it through: What are the legal ramifications of the decision, and the financial stakes in play?
• Gathering documents: Putting together the necessary documentation to go through a smooth divorce in Maryland
• Filing for divorce: How to actually initiate the divorce procedure in Maryland.

What do you need to consider before filing for divorce to make an informed decision?

When you are filing for divorce, first and foremost, you want to make sure that you are certain you no longer want to spend your life with your spouse. Have you tried therapy and other alternatives? If both you and your spouse are miserable and no attempt at resolution seems to be working, divorce is likely to be the best option.

However, you also need to think about whether or not you are going to be able to co-parent or co-exist with them – and how a divorce might affect both your spouse and your children, as well as yourself. Weighing these considerations before embarking on the legal path toward divorce will help inform your choices and preparations for it, allowing you to mitigate the fallout along the way.

What are some of the key financial considerations you should assess before initiating divorce proceedings?

Unsurprisingly, when you separate a marriage, both parties often end up finding themselves in a worse financial situation. Now, there are two households to support, and incomes are no longer pooled.

You should think about whether you are going to have to get a new place, stay where you are, and all the different little arrangements that can be made between the parties to deal with the financial strain that is likely to occur.

If your finances are already precarious, a divorce might not be the best way forward. If, however, you have some savings or the situation really is untenable, it is time to contact a family law attorney to begin the procedures.

What documentations and records should you gather before filing for divorce?

From a legal standpoint, the most significant documents to prepare are financial documents about any and every asset and liability. This will include:

• Bank accounts.
• Retirement accounts.
• Deeds and titles for vehicles and real estate property.
• And more…

These documents are all important because the dates when these things were purchased and whose name(s) they are in will have an impact on how the divorce will impact your assets.

You will also want to gather:

• Income documents, such as W-2s, tax returns, and pay stubs.
• Any sort of reports about parenting if there are children involved, including if child protective services have ever been called.
• Any evidence of drug or alcohol issues with either party.
• Documents pertaining to the mental health issues with either party.
• If there have been instances of domestic violence, all the court cases and any other official documents about anything that involves fitness as a parent.

This list might seem overwhelming, but your divorce attorney will work with you throughout the process to help you prepare them. Once you are ready, it will be time to file.

How do I file for divorce in maryland, and on what grounds should I file?

The rules in Maryland about the grounds for Divorce have changed as of October 1st, 2023. There are essentially just three grounds for divorce today:

1. A separation of over six months.
2. A marital settlement agreement for irreconcilable differences between the parties.
3. A contested divorce.

If things are amicable and mutual, you can have an agreement signed and notarized that covers all the issues that might be raised at trial. This then results in an uncontested divorce, which is fairly efficient and affordable.

Otherwise, you will be looking at a contested divorce. Through this process, you will have to come to a resolution on issues such as child support, child custody, division of marital property, alimony, how to deal with your home, and any monetary awards. In many contested divorce cases, the parties are so unable to find common ground that they have to fight over each issue in court. Ideally, it will not come to this – but if it does, you will certainly need a divorce attorney on your side.

What are the next steps once one files for divorce in Maryland?

Once you file for divorce, your spouse (and their lawyer) will have 30 days to file an answer. After that, you will have a scheduling conference with the court to determine what sort of court services are applicable or appropriate in your case. This could include evaluations done by the court, mediations, settlement conferences, trials, and how discovery will proceed.

Discovery is the process of exchanging documents and answering questions to best prepare for what sort of evidence will be presented at trial, if a trial is required. If a trial is not required, things will move along much faster.

How quickly can you get divorced in Maryland?

If your divorce is uncontested, it can take as little as a couple of months from start to finish. If contested, then a Maryland divorce usually takes anywhere from six months to a couple of years in the most extreme cases. Regardless of your situation, your experience of the divorce process will always be less painful and more efficient if you work with an experienced attorney to guide you through each step of the way. For legal assistance Filing For Divorce In Maryland, an initial consultation is the best way forward.

More information:

• Keeping the kids (out of it) during Maryland divorce
• The costs of separation: child support and spousal support in Maryland divorce
• Divisive divorce: How the division of assets, property, and debt is handled in Maryland