Top 6 Questions You Can Ask Your Divorce Lawyer

Getting divorced can be confusing, which is why it’s helpful to have a guide to the questions you should ask to get the process started on the right foot.

Key Takeaways:

• There are three grounds for divorce in Maryland, including a 6-month separation, irreconcilable differences, and mutual consent.
  
  

• In Maryland, property is divided based on equitable distribution, a principle that ensures property is distributed equitably, but not necessarily equally, between a divorcing couple.
  
  

• Child custody is decided based on the best interest of the child so that the child can continue to have stability post-divorce.

When you are getting divorced, it is normal to be confused about the process. When you are just getting started, there are likely a thousand questions you want to ask, and you don’t know where to even start. On the other hand, maybe you aren’t sure what you should ask in order to feel more comfortable about the process—the right questions aren’t always obvious!

At Z Family Law, we help guide our clients through their needs for divorce, offering our legal insights and clearing up any confusion regarding the process. In order to start out on the right foot, it’s good to have questions on hand that you can ask your divorce lawyer in order to clarify the big picture. Our latest blog lists some basic questions that will help you lay the groundwork for your experience and get started with a positive mindset. Read on to discover more about how you can get started with the right information.

1. What are the Grounds for Divorce in Maryland?

In order to qualify for divorce in Maryland, at least one spouse must be a state resident. If grounds for divorce occurred within Maryland, at least one spouse must be a current resident of Maryland; if grounds for divorce occurred outside the state, the spouse must have lived in Maryland for at least six months. 

There are three recognized grounds for divorce in the state of Maryland:

• 6-month separation: If you and your spouse have pursued separate lives for at least six months, these are grounds for divorce. It should be noted that a separation does not necessarily mean living in separate properties.
  
  
• Irreconcilable differences: When you and your spouse can no longer resolve deal-breaking issues, you can divorce on the grounds of irreconcilable differences.
  
  
• Mutual consent: If you and your spouse both want to divorce and can agree on fundamental issues, you can divorce based on mutual consent. 

2. How is Property Divided in Maryland?

Maryland is an equitable distribution state, meaning that your property will be divided based on what the court thinks is fair rather than what is strictly equal. Factors such as contributions to the marriage and the circumstances that ended the marriage can affect the outcome of how assets are divided. 

On the other hand, if you and your spouse divorce due to mutual consent, you can agree on how you will split your property between the two of you so the court does not have to intervene. 

3. How is Child Custody Decided in Maryland? 

When courts decide child custody in Maryland, they make decisions based on the standard of the best interest of the child. Your child’s best interest is evaluated based on factors like who has the resources to provide a good life for the child, who has been the primary caretaker for the child, and whether aspects like addiction affect the ability of the parent to care for the child. 

In general, Maryland prioritizes joint custody for children because it is in their best interest to maintain a relationship with both parents. Although courts generally want to keep children in the care of both parents in most situations, there are also circumstances in which a parent should not have custody of the child, such as in cases of abuse or addiction.

If you and your spouse divorce based on mutual consent, you can arrange custody between the two of you. 

4. Can My Divorce Be Settled Out of Court?

An uncontested divorce—one based on mutual consent—means that you and your spouse are able to agree, in writing, on the particulars of divorce, such as asset division, spousal support, and child custody and support. When couples are able to agree on these terms, they do not have to go to trial to get divorced.

If you and your spouse cannot agree on the terms of divorce but still do not want to go to court, mediation is a great tool for settling the terms of your divorce in a more private setting. During mediation, you work with a qualified mediator to resolve the differences in your divorce and draw up an agreement that will be acceptable and beneficial to both of you. 

5. How Can I Handle the Emotional Challenges of Divorce?

Divorce is an emotionally fraught time. If you are concerned about becoming overwhelmed throughout the process, it’s good to have a support network that can help you handle your feelings. Your support network can consist of mental health professionals, family and friends, and even your pets. Having other projects in your life to distract you, whether work projects or personal ones, can also have an impact, giving you something constructive to focus on rather than letting divorce take over your life. 

If you need to talk to someone, there are professionals, networks, and hotlines available, as well as groups and forums specifically dedicated to people who have been or are going through divorce. 

Z Family Law offers a Client Concierge service that connects clients with vetted professionals outside the realm of divorce, including mental health support services. Speaking with your compassionate divorce lawyer can help you understand your options.

6. Will My Prenuptial Agreement Protect Me?

If you and your spouse have a prenuptial agreement in place, your divorce will generally follow the terms of the agreement. However, there are situations in which a prenuptial agreement is unenforceable, such as if the terms of the agreement are deemed to be unfair or if the circumstances of the marriage have shifted such that the prenup is no longer relevant or valid. 

For example, if the court finds the prenup to be “unconscionable” (in other words, grossly one-sided), if it failed to include certain assets, if it was not executed properly, or if its terms violate state laws, your prenup might have no bearing on the results of your divorce.

Z Family Law Can Field All Your Divorce Concerns

At Z Family Law, we offer skilled and experienced divorce representation to help guide you to the next chapter of your life. If you have questions and concerns about your divorce, we can help you understand every step of the process and ensure you know all of your options. If you are ready to get started, reach out to schedule a free initial case evaluation and learn more about how we can guide you through the process.

Disclaimer: This article is current as of August 2025, 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.