7 Things to Keep in Mind When Going Through a Maryland Divorce

Divorce is an emotionally grueling time for most people. If you didn’t see the divorce coming or didn’t want it, you may feel rejected, angry, and distressed. And even if you wanted the divorce, it’s never easy to break up a family and say goodbye to the hopes and dreams that were undoubtedly part of your marriage vows. 

Today’s divorces, particularly in Maryland, which has done away with “fault” divorces, can be less traumatic than when the moving party in the divorce had to assert mental cruelty, desertion, adultery, or some other ground in order to obtain a divorce. 

If at all possible, divorcing spouses should try to communicate well during the process to achieve the best result for all involved. The following is a list of seven things to keep in mind as you go through the divorce process.

Do Not Fail to Respond to Legal Papers

The first formal step in the divorce process is filing for divorce. The grounds for divorce in Maryland include a six-month separation, irreconcilable differences, or mutual consent. To initiate the divorce process, a party needs to file several documents with the court, including a Complaint for Absolute Divorce, a Financial Statement (for cases involving alimony or child support), and a Civil Domestic Information Report.

After filing, the divorcing party must legally inform his or her spouse of the divorce action. This is done through “service of process.” Service of process can be done by a sheriff’s service, a private process server, certified mail with return receipt, or hand delivery by a third party over 18 years old. The spouse has 30 days (60 days if they live out of state) from the date of service of the complaint and summons to respond to the divorce complaint. 

Failure to respond has serious implications. Under Maryland law, an order of default may be issued if a spouse is properly served with a summons and complaint but fails to respond. In these cases, a judge would grant the divorce and may grant the relief requested.

Don’t Act Out of Anger or Revenge

You risk making bad decisions if you act out of anger or revenge. While it’s normal to have these and other negative feelings about your soon-to-be ex-spouse or the divorce itself, it’s healthiest to work through these feelings with a therapist or a trusted friend or family member. 

Do Not Represent Yourself in Your Divorce

It’s perfectly legal to represent yourself in your divorce. People do it all the time. This is called “pro se representation.” But in most cases, it’s not a good idea, particularly if children are involved or if you have assets. All legal cases, including divorces, have procedural requirements and require the filing of significant amounts of paperwork. Failure to comply with these mandatory court processes could jeopardize the outcome of your divorce case. 

Be Honest With Your Attorney

It’s important to be honest and truthful with your attorney. If you fail to be straightforward, you could jeopardize your divorce settlement. It’s particularly important to be truthful as you complete the financial disclosure documents required in your divorce proceeding. 

Have a Financial Plan

Whether you will be seeking alimony or paying alimony, it’s important to work with a professional to develop a financial plan. Most family law attorneys will be able to point you to a trusted financial professional who can help you understand how a divorce will impact your finances. Assets that have accrued during the marriage, including savings accounts and investments, will typically be divided and will likely have an impact on your monthly cash flow and retirement plans. It’s also important to consult with your financial advisor about taxes, which will be impacted by your divorce. In most cases,  you’ll have to file the past year’s taxes with your ex-spouse.

Try to Keep Your Children’s Best Interests in Mind

Some people use their children as pawns in the divorce process, but this hurts everyone in the family. Unless there are some issues that would impact the children’s health and safety, it’s best not to try to keep them away from your spouse during the divorce proceedings. Maryland courts do not look favorably on parental alienation, and this may impact your child custody case.

It’s important to be aware that most Maryland courts favor joint custody as being the arrangement that, in the majority of cases, is best for children. In Maryland, if parents have 50/50 custody of a child, both parents have equal legal rights and responsibilities for the child and are considered custodial parents. Note that in Maryland, fathers are considered to be natural custodians of their children like mothers. 

Child support calculations use the formula in Maryland’s Child Support Guidelines. The formula uses an income shares model that considers the income for both parents, the number of shared minor children, the children’s health insurance costs, any child support being paid for other children, any alimony being paid or received, and the children’s extraordinary medical expenses. The formula also considers the current custody arrangements. The amount of time each parent spends with the child can influence the child support calculation. A Bethesda divorce attorney can help you understand how child support calculations would work in your particular situation.

Don’t Forget to Update Your Estate Plan

Your estate plan will normally include wills, trusts, and other documents, such as advance directives that name beneficiaries or responsible parties. It’s likely that many of these documents name your ex-spouse, so be sure to update all of this paperwork during or after your divorce. The Law Offices of Brandon Bernstein have several trusted estate lawyers they can direct you to to help with your estate planning work. 

Contact The Law Offices of Brandon Bernstein

At the Law Offices of Brandon Bernstein, we have the experience and empathy needed to help you through your divorce, no matter how difficult. Contact us today for a free consultation.