If you’re thinking about filing for divorce in Maryland, you’re already facing a major turning point in your life. Whether the decision is mutual or one-sided, the right preparation can make a significant difference in the speed, cost, and outcome of your case. Below are the key steps and considerations every potential divorce litigant should understand when preparing for a divorce in Maryland.
Understand Maryland’s Grounds for Divorce
In Maryland, divorces now proceed under no-fault grounds. Your specific circumstances or necessary strategy may make one ground more appropriate than the next.
Common Grounds for Absolute Divorce
- 6-month separation (no requirement to live separately — physical separation within the same home may qualify)
- Mutual consent divorce (requires a signed marital settlement agreement)
- Irreconcilable differences (requires identifying what the differences are, which is where many would identify traditional fault reasons for divorce, albeit in a brief fashion)
Gather Financial Records Early
Financial clarity is one of the most critical elements of a successful Maryland divorce case. Courts and attorneys need a complete picture to determine equitable distribution, support, and planning. Therefore, the sooner you begin to gather documents, the better.
It is generally recommended that you start collecting the following documents:
- Tax returns (last 3+ years)
- Bank statements (last 2 years at least)
- Retirement and investment account statements (last 2 years at least)
- Business ownership documents
- Credit card and loan statements (last 2 years at least)
- Mortgage and real estate records (last 2 years at least)
- Paystubs and income documentation (last 2 years at least)
If your spouse controls the finances or withholds information, gathering documents early is essential. Your attorney can help obtain missing records during discovery, but early preparation makes the process smoother.
Identify Marital vs. Non-Marital Property
Maryland follows the property division principle or equitable distribution. Equitable distribution is not the same as a 50/50 division. Additionally, there is no set formula for how to determine equitable distribution, because it is based on the factors and circumstances unique to each marriage. Ultimately, the court looks at fairness, not equality, when determining an outcome.
So, What Is Marital Property?
Assets that a couple acquires during their marriage are typically considered marital property. When trying to identifying marital property, think about the items/assets acquired during the marriage, whether that is income, real estate, investments, or event debts.
So, What Is Non-Marital Property
Defining non-marital property can get a bit trickier. Generally, property acquired prior to the marriage is considered non-marital property. Other common areas of non-marital property include items from inheritance(s) or property that was specifically excluded from being considered marital through a valid prenuptial agreement or postnuptial agreement.
Correctly categorizing assets and tracing non-marital contributions can significantly impact the financial outcome of your case.
Consider Custody and Parenting Priorities Early
For parents, custody decisions are often the most emotional and legally complex part of the divorce process. When determining custody issues in Maryland, courts evaluate the best interests of the child. Maryland recently codified 16 distinct factors that Courts are required to consider when determining custody cases in Maryland. Listen to our October JGL LAW FOR YOU podcast to learn about these 16 factors.
If you anticipate disputes over custody or parenting time, begin documenting your involvement, schooling responsibilities, healthcare participation, and daily routines.
Avoid Moving Out Without a Plan
Many clients want to move out quickly, but moving out prematurely can create significant disadvantages, especially in custody and use-and-possession of the marital home. Before relocating, consider the following:
- Custody positioning
- Marital home rights
- Financial risk
- Future negotiations
A strategic move is very different from an impulsive one.
Build a Support Team — Legal, Emotional, and Financial
Divorce is not just a legal process; it’s a personal transition. You may need more than an attorney:
- A therapist or counselor
- A divorce-focused financial advisor or CPA
- A strong, stable support network
Clients who take care of their mental and financial well-being make clearer decisions and navigate the process more effectively.
Begin Thinking About Your Post-Divorce Budget
Your family, at least for the immediate future, will have two households instead of one, which changes financial realities. Start preparing now by:
- Estimating your future living expenses
- Reviewing your income, support needs, and earning capacity
- Identifying financial goals for yourself and your children
A detailed budget helps your attorney advocate more effectively for support, parenting time, and property distribution. This will also help you when the time comes for you to prepare a financial statement, which is an often required document in Maryland family law cases.
Be Cautious with Social Media and Digital Footprints
In modern Maryland divorce litigation, especially custody cases, social media posts will be used as evidence. Therefore, try to avoid posts that:
- Criticize your spouse
- Suggest irresponsible behavior
- Display excessive spending or lifestyle changes
- Involve new romantic partners
Assume every message, post, or photo could be shown in court.
Protect Your Credit and Financial Security
Before filing for divorce, take steps to separate your financial exposure:
- Open individual checking and savings accounts
- Monitor joint accounts for unusual withdrawals
- Change passwords for online banking, email, and cloud storage
- Run your own credit report
These steps protect you without violating any marital property rules.
Schedule a Consultation with a Maryland Divorce Lawyer Early
You don’t have to wait until you are “ready” to file. In fact, the earlier you consult an attorney, the stronger your position will be. Early legal advice can help with:
- Safety planning in abusive relationships
- Timing of filing
- Protecting assets
- Navigating custody issues
- Identifying documentation to collect
- Understanding your rights and obligations
Whether you are in Rockville, Bethesda, Gaithersburg, Clarksburg, or Frederick, planning the right strategy at the beginning often leads to smoother negotiations and better long-term outcomes.
Final Thoughts
Preparing for a divorce in Maryland doesn’t have to be overwhelming. With the right information, organized planning, and early legal guidance, you can protect your rights, your finances, and your children’s well-being. If you’re considering filing for divorce or simply want to understand your options, reach out to schedule a consultation with me, Christopher Castellano and I can help you determine the proper first step to toward a thoughtful future.
