A new year can often see an uptick in divorce and custody filings. If you’re considering taking this step in 2025, below are items for you to consider as you make your preparations:
Documentation. Maintaining documentation is key in any litigation, including domestic filings. Therefore, before you file in 2025, be sure to gather and inventory the following essential documents:
- Two most recent income tax returns
- Two most recent W-2 forms
- The last three months of pay stubs
- The last two years of statements for all your bank accounts
- If your bank only maintains less than two years online, then the maximum amount of statements you can download
- The last two years of statements for all your retirement and investment accounts
- The last two years of statements for all your credit card accounts
- The last two years of statements for all your life insurance accounts
- The last three months of mortgage statements
- The last three months of vehicle financing statements
- Your vehicle title
- If custody is at issue, then the school records for your children(s)’ school(s), including attendance
Understand Maryland’s Residency Requirements. When initiating a divorce case in Maryland, either you or your spouse must have resided in Maryland for at least six months before filing. If your case involves custody (regardless of whether your case is for divorce or not), Maryland generally must be the child’s “home state,” which means that the child has lived in Maryland for at least six consecutive months before filing.
Understand Maryland’s Grounds for Divorce. Maryland is now a no-fault state when it comes to filing for divorce. This means that most people can file for divorce on three grounds:
- Six-months separation (regardless of whether you remain living in one household);
- Irreconcilable differences (again, regardless of whether you remain living in one household); and
- Mutual Consent (which means you have executed a settlement comprehensive agreement prior to filing for divorce).
Consider Developing a Parenting Plan. If children are involved in your domestic case, consider drafting a detailed parenting plan that addresses the following:
- A physical custody schedule for the children, including where the child(ren) will sleep overnight
- A decision-making authority paradigm regarding major issues related to your child(ren), including for education, healthcare, religious and general welfare matters
- A communication protocol
- Holiday and vacation arrangements
- Transportation arrangements
- Childcare considerations, including a first-right of refusal.
Create a Household Budget. Finances are often the catalyst for divorce filings. Therefore, understanding your own personal finances can be essential prior to initiating a divorce case. Creating a budget can be one of the most important steps you take to understand what your new “financial-normal” will look like.
Consider Alternative Dispute Resolution. Filing for divorce may not be the right “first-step” for everybody. Many cases can be resolved through alternative dispute resolution (also known as “mediation”). Considering whether or not your dispute has the potential to resolve itself through alternative dispute resolution can result in significant cost savings and reduce conflict between you and your opposing party.
Self-Care and Support Systems. Filing for divorce or custody is not an easy step for anyone to make. Just as it is wise to prepare your documents and budget, you should prepare yourself emotionally as well. This can include the following:
- Establishing a relationship with a therapist
- Maintaining boundaries with family and friends while also ensuring you have a solid support network
- Protecting your privacy on social media (which does not mean deleting information, but rather examining your privacy settings)
- Creating healthy routines for yourself and your children
Consultation with Professionals. One of the most important steps to take is to schedule consultations with appropriate professionals. This usually begins with speaking with an experienced family law attorney to discuss your case and options. From there, you may be guided toward discussions with additional professionals depending on the issues in your case.
Remember that divorce and custody cases require careful planning and consideration. While the new year can often symbolize a fresh start, you should take the time to prepare thoroughly rather than rush to file. The decisions made during this phase of your divorce or custody case will have long-lasting implications for you and your family.
*Disclaimer: This post provides general information and should not be construed as legal advice. Every case is unique and outcomes depend on specific circumstances. Consult with a qualified attorney to understand how Maryland law applies to your situation.*
