Preparing For Divorce: Documents You Need To Gather

Divorce is a chaotic time. There are hearings you need to attend, forms you need to file, and questions you need to answer; emotional overwhelm is common and can feel exhausting. Being prepared can help you resolve some of the common stresses associated with divorce and streamline the process. 

The lawyers of Z Family Law understand how to make the divorce process less stressful. We know how to help clients prepare the right forms that will set their divorces into motion and gather the common documents that they might have to present along the way. Read on to discover how you can arm yourself with resources in order to better understand and navigate complex issues in divorce such as asset division, child custody, alimony - and the process of divorce itself! 

Disclaimer: This article is current as of July 2024, and all content is provided for informational purposes only. None of the information provided in this article, or elsewhere on this website, shall constitute or be construed as legal advice. For information specific to your individual circumstances, call us at (301) 781-7930 today. 

Forms You Will Need To File For Divorce

Throughout the divorce process in Maryland, you will need to file a number of different forms with the Clerk of the Circuit Court. Depending on your circumstances, the forms required may include: 

• Complaint for Absolute Divorce (CC-DR-020), Answer to Complaint/Petition/Motion (CC-DR-050) or Counter-Claim For Absolute Divorce (CC-DR-094): You will need to file one of these forms when the divorce process is initiated. Which form you need to fill out will depend on whether you are filing, or whether your spouse has filed, and whether or not you agree on the issues to be addressed by the court. File the first complaint form in order to ask for a divorce from your spouse. Alternatively, if your spouse has filed to divorce from you, you must file the answer form within 30, 60, or 90 days, depending on where you were served your spouse’s paperwork. File the counter-claim form to ask the court to address issues other than those mentioned in your spouse’s complaint. 

• Civil Domestic Case Information Report (CC-DCM-001): When you file for divorce, you may also need to submit this form, which details basic facts of your divorce such as who is representing you and whether your divorce is contested. 

• Parenting Plan: If you and your spouse have minor children, you will have to submit a plan for custody as part of the divorce process. You have the option to use an existing tool or create a plan of your own. If you and your soon-to-be-ex cannot agree on a parenting plan, you may need to file a Joint Statement of the Parties Concerning Decision-Making Authority and Parent Time (CC-DR-110). 

• Financial Statement (Child Support Guidelines) (CC-DR-030) or Financial Statement (General) (CC-DR-031): Each spouse must file one of these forms depending on your financial situation. The first form is for couples who are seeking child support and have a shared monthly gross income of $30,000 or less. The latter form is for couples filing for alimony, property division, or child support who have a shared monthly income of $30,000 or more. 

• Joint Statement of the Parties Concerning Marital and Non-Marital Property (CC-DR-033): You must file this form 10 days before your trial or hearing if you are and your spouse cannot agree on how to divide marital property and are therefore asking the court for a division or transfer of marital property or monetary assets. 

• Marital Settlement Agreement (CC-DR-116): If you and your spouse are divorcing based on mutual consent and agree on all the terms of your divorce, including alimony, marital property, and if you have children, child custody and child support, you need to file this form. 

• Motion for Restoration of Former Name (CC-DR-097): If you want to change your name back to what it was before you got married, you can file this form, asking the court to restore your former name within 18 months of your divorce order.

Depending on certain circumstances of your divorce or if there are special considerations, such as if you cannot afford court filing fees, you might be asked to submit additional paperwork. A qualified divorce attorney can assist you with ensuring that you present the right paperwork and that it is filled out and filed correctly, without mistakes, so you don’t accidentally forfeit your rights, give up assets or parenting time to which you’re entitled, or otherwise end up paying for costly errors down the road!

Other Paperwork Relevant To Your Divorce

As you go about the process of the divorce and sort through essential issues such as alimony and child custody, you might be expected to present certain documents as evidence, especially those related to finances. What you are asked to present can range pretty widely depending on what outcome you are seeking. Since each case is unique and requires different sources, you might be asked to submit items as varied as medical records, child photographs, and even your diary! 

However, you can stay ahead of the game by gathering some documents that you may need, especially if you know that you will be asking for certain agreements such as alimony or child custody. 

• W2s, pay stubs, and tax returns: If you have any financial documents whatsoever, gather them. Tax returns and proof of sources of income are great places to start. Particularly if you are seeking child support or alimony, you will have to lay your financial life on the table. Child support is calculated based on an income formula, so both your finances and your spouse’s finances will be scrutinized. Alimony is also largely a numbers issue, but it does not adhere to a rigid calculation as with child support. 

• Mortgage documents, utility bills, and property tax paperwork: If you and your spouse share a home together, you might be unsure how it will be divided. Perhaps you will sell it and split the payment or you will pay for half of what the property is worth in order to own it outright. If you and your spouse cannot come to an agreement regarding property that you own jointly, a court will need to decide on your behalf. In order to rule on the value of your property, you might need to present evidence on the worth of the property, which can include mortgage payments and property taxes, but also appraisals and listings. 

• Estate Plans and insurance documents: Gather any estate planning and insurance documentation you have so you can review and update your beneficiaries as necessary. After spending so much time and money determining how your property will be divided, the last thing you want is for anything not intended for your ex-spouse to go straight back to them in the event that something happens to you simply because you forgot to update your beneficiary elections.  

Z Family Law Can Help You Achieve An Equitable Divorce

At Z Family Law, we want to help streamline the divorce process for you, helping you stay focused on your long-term goals, supporting you throughout the legal proceedings,  and going above and beyond to assist you in creating your new beginning! Although this process might seem intimidating and stressful, we are dedicated to guiding you the whole way through. Reach out to schedule a meeting with our team and learn how we can work with you to make this time of divorce a productive pathway to a better future.