7 Common Mistakes to Avoid With a Divorce in Maryland

7 Common Mistakes to Avoid With a Divorce in Maryland

Navigate a divorce in Maryland with confidence while avoiding common mistakes. We explore the essential insights you need for every step here.

Divorce can be a difficult and life-altering decision that many couples in Maryland face each year. Whether it’s due to irreconcilable differences, financial stress, or a variety of personal reasons, understanding the legal steps involved is essential for anyone navigating this journey.

The CDC reports that Maryland has a current divorce rate of 2.6 divorces per 1,000 couples. Although this is one of the lowest rates compared to other states, divorce may still be a necessary step toward achieving a healthier and more stable future.

Navigating divorce in Maryland is a complex process. One that requires an understanding of Maryland divorce laws like marital property division.

Learn more about the 7 common mistakes to avoid in the divorce process below.

1. Failing to Meet Residency Requirements

To file for divorce in the state, at least one spouse must meet specific residency criteria. Failing to meet the residency requirements for a divorce in Maryland can delay or even dismiss your case.

If the grounds for divorce occurred within Maryland, the spouse filing only needs to be a current resident at the time of filing. However, if the grounds for divorce occurred outside Maryland, either the petitioner or their spouse must have resided in the state for at least six months before filing.

Residency is essential for the Maryland family court to have jurisdiction over your case. If the requirements aren’t met, the court won’t be able to proceed with your divorce. You’ll either have to wait or file in another state.

This situation not only adds time but also increases costs and potential stress to the divorce process. For individuals who’ve recently moved to Maryland, it’s important to gather proof of residency, such as:

  • Driver’s license
  • Tax records
  • Lease agreements
  • Utility bills
  • Voter registration
  • Pay stubs

Courts typically require this proof to ensure your intent to remain in Maryland. Having solid documentation is particularly vital when issues like marital property division or child custody in Maryland are part of the case.

2. Overlooking Grounds for Divorce

According to What’s the Big Data, 75% of couples cite commitment issues as the main cause of divorce. Overlooking the grounds for divorce in Maryland can derail the entire process. It’s crucial to understand that there are both fault-based and no-fault grounds for divorce.

No-fault grounds include living separately for a year or more, while fault-based grounds cover reasons like adultery, cruelty, and desertion.  Improperly citing the legal grounds that align with your situation can result in delays or even dismissal of the case.

When filing, it’s crucial to provide adequate evidence to support your claim. For example, if you’re claiming adultery, you’ll need proof, such as text messages or witness testimony.

Choosing the wrong grounds may also affect decisions on marital property division or child custody in Maryland, as courts look at fault in some situations.

To avoid complications, consult a family law attorney to ensure you’re filing under the correct grounds. Missteps at this stage can add unnecessary stress to an already challenging process.

3. Ignoring Financial Disclosure Obligations

Ignoring financial disclosure obligations during divorce proceedings in Maryland can have serious consequences. Both parties are required to fully disclose their financial situation. This includes:

  • Real estate holdings
  • Assets
  • Liabilities
  • Debts
  • Income
  • Expenses

Intentional omission of this information can lead to significant penalties. You could be held in contempt of court or lose certain claims in the divorce.

In Maryland, the court expects transparency. Withholding financial information can be seen as an attempt to hide assets or manipulate the outcome of property division.

It’s especially important when it comes to marital property division. If one spouse is not forthcoming about their financial situation, it could affect how the court divides property or determines alimony.

Hiding assets can lead to long-term issues, such as enforcement difficulties after the divorce is final. If undisclosed assets are discovered later, the court may revisit the case, which can be costly and stressful.

You should always be thorough and as honest as possible during the financial disclosure process. Doing so will ensure that the court has a complete picture of your financial situation. It will facilitate a smoother and more equitable resolution for both parties.

4. Disregarding Mediation Options

Data from Kiplinger found that the national average for a divorce is $15,000. Disregarding mediation options during a divorce in Maryland can lead to unnecessary delays and increased conflict. It can also lead to higher costs.

Mediation allows both parties to work with a neutral third party to resolve disputes outside of court. It’s often faster and less expensive than going through the full divorce process in Maryland family court.

Choosing mediation encourages cooperation. It helps both spouses reach mutually beneficial agreements. This can be particularly helpful regarding sensitive issues like marital property division and child custody in Maryland.

By choosing to bypass mediation, you may end up in a prolonged court battle that adds emotional and financial strain to an already stressful process. Divorce mediation often results in better outcomes, as both spouses are directly involved in the decision-making process.

Furthermore, courts in Maryland typically encourage mediation. Some judges may even require it before proceeding with a contested divorce.

Exploring mediation early on can save time, reduce stress, and lead to a more amicable divorce settlement. Avoid overlooking this option, as it can offer a smoother path to resolving your divorce efficiently.

5. Misunderstanding Child Custody Laws

Divorce is often made trickier when child custody is a factor.  Misunderstanding child custody laws in Maryland can have serious consequences for both parents and children.

Maryland family court uses the “best interests of the child” standard when determining custody arrangements. This means the court considers a variety of factors including the child’s relationship with each parent and the ability of each parent to care for the child. They also examine the child’s own parental preferences if they are old enough.

Many parents mistakenly believe that mothers automatically receive custody. However, Maryland does not favor one parent over the other. Courts look at both parents’ ability to provide a stable, supportive environment.

Additionally, parents often overlook the importance of co-parenting plans. The court may strongly encourage this option regarding joint custody arrangements.

Parents need to educate themselves on Maryland’s child custody laws. They must prepare their case accordingly to avoid misunderstandings that could affect their custody rights and the child’s well-being.

Ignorance of these laws can lead to costly delays or decisions that don’t align with the child’s best interests.

6. Underestimating Alimony Implications

Underestimating alimony implications during a divorce in Maryland can lead to unexpected financial burdens. Alimony, also known as spousal support, is not automatically awarded.

Many people also mistakenly assume that alimony will only be temporary or that it won’t apply to them. Rather, it’s determined by several factors, including:

  • The standard of living during the marriage
  • The length of the marriage
  • Contributions by each spouse (both financial and non-financial)
  • The financial needs of one spouse
  • The age and health of both spouses
  • The ability of the other spouse to pay

These factors are carefully weighed by Maryland courts to ensure fairness. For example, if one spouse stayed home to raise children while the other advanced in their career, the non-working spouse may be entitled to alimony.

Not properly accounting for potential alimony payments can lead to financial strain post-divorce. It’s crucial to understand the potential long-term obligations. Alimony can sometimes be awarded for many years, depending on the circumstances.

To avoid surprises, individuals should carefully assess their financial situation and prepare for the possibility of alimony. Consulting an alimony attorney in Maryland can help clarify whether alimony is likely to be awarded and what amount may be expected.

7. Neglecting to Hire an Experienced Attorney

Neglecting to hire an experienced attorney during a divorce in Maryland can lead to significant complications. Don’t underestimate the value of legal expertise when navigating such a life-changing event.

Divorce law can be complex, involving numerous legal nuances, such as:

  • Asset division
  • Marital property division
  • Alimony agreements
  • Spousal support
  • Tax implications
  • Child custody

In Maryland family court, legal decisions can have long-lasting impacts on your financial future and family dynamics. An attorney who specializes in divorce can guide you through the process. They can ensure that all legal requirements are met and that your rights are protected.

Without expert legal help, you may miss crucial deadlines, make costly mistakes, or fail to negotiate effectively for your fair share of marital assets. An experienced divorce lawyer can advocate on your behalf.

An experienced attorney also brings their knowledge of local Maryland divorce laws, which can vary by jurisdiction. They can provide sound advice tailored to your specific circumstances. This helps you avoid unnecessary stress and delays.

Trust Your Divorce in Maryland to Blattner Family Law Group Today

Divorce is never an easy decision, but it may be a necessity. The divorce process is one of great complexity and uncertainty. If you’re seeking a divorce in Maryland, you need to have expert representation on your side.

Blattner Family Law Group, located in Towson, MD, is here for your legal needs. Our firm helps families from all walks of life navigate a challenging legal landscape. From divorce to child custody, marital property disputes, and adoptions, we offer expert guidance tailored to your unique situation.

Contact Blattner Family Law Group to schedule an appointment for your free consultation today.