Maryland is an equitable distribution state, which means that you and your spouse will need to divide your property equitably upon divorce. Since there is no law to require you to split your property equally, there is no guarantee that you will receive half of the marital assets. To protect your interests, it’s a good idea to inform your attorney about your divorce and to begin working on negotiations right away.
Some people are able to come up with property division agreements very quickly. For example, if you and your spouse agree that you both invested into your marriage and would like to split everything 50-50, it might be simple for you to divide your property. However, in other cases, you or your spouse might want to fight for more of your property based on the needs you’ll have in the future or the amount of money you put into your marriage.
If you can’t work out your property division agreement on your own, then your attorneys can help you negotiate, you can go to mediation or you can attempt arbitration. If none of these processes will work for you, then you may need to go to divorce court and have a judge rule on the division of your property.
It’s best not to allow a judge to decide how to split your assets — you’ll have far more control if you can come up with an agreement on your own. However, if you truly can’t work with your spouse, it may be the only solution. Our site has more on the importance of settling your divorce disputes out of court.