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Divorcing can be a tough process for you and your family. Here are ten things you should do before divorcing in Maryland.
1. Interview Divorce Attorneys Before You Need One
Meeting with and evaluating experienced divorce attorneys prior to making the decision to file for divorce, before your spouse has filed, will give you an advantage in considering your options and potential issues in your divorce case. Even if you are in the initial stage of simply considering your options, including filing for divorce, an experienced family law attorney can advise you of your options and the best course of action for your circumstance. The best course of action for you at any given stage will differ from someone else facing or considering divorce.
An experienced family law attorney can advise you on the law and procedures applicable to your specific concerns or questions related to divorce. Whether you are wanting to obtain alimony, minimize your potential liability for alimony, obtain full custody or specific visitation with your children, or a variety of other issues that are common or less than common in divorce cases; an experienced family law attorney will be able to answer your questions and give you a forecast of potential outcomes for your specific concern.
2. Establish Credit In Your Name or Increase Your Existing Score
After your divorce is finalized, having credit in your name or maintaining a high credit score will be crucial. It will help you rent an apartment, qualify for the best mortgage options for a new home, obtain a car loan, and secure a credit card with a favorable interest rate. You can act now to establish credit in your own name, if you have never done so before. You can begin by researching credit card companies and determine what options and benefits will be best for the new you after divorce.
In some cases, you might be able to transfer credit from your spouse to yourself if they have established credit. However, it’s always best to start by checking your own credit score with a free report from one of the three major providers: Experian, Equifax, or Credit Karma. Once you obtain your credit score, you will know where you stand on credit. Obtaining a credit card in your name and consistently paying and other steps, may increase your credit score before you need it. Regardless of your credit status, increasing your credit score will make life easier after divorce, at least financially.
3. Categorize Assets and Debts
After a divorce, both parties will divide all property they hold. If you have a premarital agreement or have kept your property separate, you might avoid dividing it. In Maryland, if you brought property into the marriage and kept it separate without mixing it with marital property, it can stay separate. However, if property acquired before marriage has been mixed with marital property or cannot be clearly identified as separate, it might be subject to division. For instance, you’re likely to keep a car you owned before marriage, but keeping a house you bought before marriage might be more contested, even if you have a strong argument that it should remain separate.
Developing a marital balance sheet, a detailed list of marital versus separate property, as well as all identifiable debts, will give you a leg up in the divorce process. Clearly identifying all large items of property and debts will help you consider the financial implications of divorce, as well as assist an experienced divorce attorney in giving you the most accurate legal advice on the issue of property division in your divorce.
4. Evaluate Your Financial Future
It is obvious to most people that divorce will have negative financial consequences. However, many people overlook the need to support themselves after the divorce. They might see their existing savings divided and their income cut in half or more, while their expenses could stay the same.
Many married parties do not realize that the obligation for spousal support beyond marriage is very common. In Maryland, many cases involve awarding alimony or spousal support, but it’s usually temporary. It’s unlikely that you’ll receive or be required to pay spousal support for more than five years. Keep in mind, though, that this expense will be in addition to child support and property division.
In some states, alimony may last for much longer than you anticipated and be a greater amount than you expect. In Maryland, the case law on spousal support is expansive, but the basic premise is that alimony is based on the dependent spouse’s need for alimony and the other spouse’s ability to pay spousal support. That calculation might seem fair, but be cautious— in a contested divorce, the other party might not be as reasonable, and you could end up having to litigate the issue of spousal support.. Evaluating your assets and financial liabilities will assist you in considering your options in divorce.
5. Consider the Date of Separation
Your move or your spouse’s move out of the marital home may start the clock of your separation. In many states, once a party moves out of the marital home or even the marital bedroom. The legal date of separation may be identified. In Maryland, the date of separation is not so simple. In Maryland, you can claim separation when both parties have reached a point where reconciliation is no longer possible, and the marital bond has been irreparably damaged. However, that is not so easy to identify.
The date you file for divorce is the last safe date to assume separation can be identified. Upon the date of separation, the property and debt you acquire will be separate and not subject to division. However, in the case of credit card debt, the division of responsibility to pay debts can be more confusing. Open a separate credit card and stop using marital debts. This approach helps you argue more effectively that you shouldn’t be responsible for those debts; instead. They should be assigned to your spouse after the date of separation.
6. Research Divorce Requirements
Many people assume the timeline for your divorce is determined by the judge over your case. However, most states including Maryland, have waiting periods by statute with residency requirements prior to obtaining a divorce. Once you or your spouse file for divorce, the timeline for finalizing the divorce begins. In Maryland, like in most states, you’ll need to wait between the filing date and when the court can grant or finalize your divorce.
In Maryland, you can finalize a divorce without minor children within 30 days. However, if your divorce involves minor children, you’ll need to wait 90 days before finalizing it. The longer you wait to separate and the longer you wait to file your divorce, the longer it will take to finalize the divorce process and move on with your life.
Besides meeting the statutory waiting period, each state has other requirements for obtaining a divorce. You or your spouse must prove residency in the state for the court to have jurisdiction. In Maryland, either you or your spouse must have lived in the state for at least six months and in the county where you’re filing for 30 days. You can also file for divorce in Maryland if it’s your permanent residence or domicile.
In a divorce involving minor children, you may need to complete a parenting seminar during the process. In Maryland, both parties must attend a parenting seminar if minor children are involved in the divorce. An experienced Maryland divorce attorney can assist you in identifying and completing the best parenting course.
7. Consider Custody
Divorce is difficult when it only involves two parties. However, it is always more challenging when children and custody are involved. When parents dispute custody and visitation in divorce, it can lead to a lengthy and expensive divorce. Many people mistakenly believe that mothers have an advantage in custody cases. However, this is no longer true in most divorce courts in Maryland and other places.
Family law courts in Maryland focus on evaluating what’s best for the children when deciding custody disputes. State family law courts do not automatically favor mothers in custody determinations. Many family law courts prefer joint or shared custody arrangements. However, some family dynamics may not be well-suited for joint custody. In the early stages of considering divorce and child custody, think about your family’s dynamics and what’s best for your children. Start creating a custody plan to present to your spouse early in the process, which can help reduce custody disputes. Identifying suitable custody plans will help you manage custody and other aspects of your divorce.
8. Save Proof of Income
Child support and alimony both take the parties’ incomes into account when factoring in who will pay and how much. When you or your spouse have multiple streams of income or own a business, this process can be more complex. All income taxed or untaxed, payroll or profits, fixed or contingent, is all subject to consideration for child support and alimony.
While the law bans hiding income and assets, enforcing this rule can be tough without private investigators and forensic accountants, especially in a contentious divorce. If you know your spouse has different sources of income, gather records of these sources before filing for divorce. Income that is more attenuated than a paycheck is difficult to track. You can identify and maintain records over time. You can document your spouse’s income using tools like email, texts, receipts, account deposits, contracts, and other business records.
9. Consider your Mental Health
Divorce is emotionally and mentally exhausting for most people facing divorce. Nobody enters a marriage expecting it will end someday. However, divorce is the best thing for some marriages, due to a number of factors. The most important thing to do during the process is to protect your children and your mental health. If you’re set on filing for divorce. You might want to navigate the process as quickly as possible. However, you should not give up on important issues or property, simply to get to a conclusion.
The process will end eventually, and taking your time now can benefit your financial future and your children’s future after the divorce. We recommend anyone considering divorce seek help, including counseling to deal with the difficult emotions that come along with divorce.
Mental health professionals, like psychiatrists or counselors trained in grief or divorce counseling. It can be a valuable resource for you and your children during divorce. Do not consider yourself weak for seeking counseling during the process. It is a sign of strength to identify something you need help with and obtain the right kind of help. Do not forsake the mental health of your children or yourself during the divorce process.
10. Wait on Building a New Relationship
Many people look for companionship and love, so it’s common to start new relationships during a divorce. Dating while separated can make it harder to finalize the divorce and might impact your children if they learn about your new partner.
In Maryland, you don’t need to prove that your spouse is at fault to get a divorce. Your actions won’t be used against you unless they harm your children or give you an unfair advantage. For example, if you are the main earner and have a new partner. The court might see you as less likely to pay alimony. If you’re spending on your new relationship instead of fulfilling your obligations.
In fault-based divorce states, an extramarital relationship during a divorce can negatively impact you in the divorce process, especially financially. We recommend that you wait to start a new romantic relationship until you finalize the divorce process. This will benefit you, your children, and your divorce case. Whether you’re in a fault-based state or a no-fault state like Maryland.
Your Next Steps
Whether you’re contemplating divorce or exploring other options, we understand the emotional weight and uncertainty you may be experiencing. At Divorce With A Plan, we’re here to support you through this challenging time. Consider reaching out to our compassionate team for a consultation. Our skilled family law attorneys are here to listen to your concerns, offer guidance, and explain the legal details of your case. You don’t have to navigate this journey alone. Call us directly at (240) 269-3592 to schedule your consultation and take the first step towards finding clarity and peace of mind.