10 Maryland Divorce Mistakes to Avoid (2026)

Maryland's 2023 reform and its unique features — Use and Possession Orders, Monetary Awards, limited divorce vs. absolute divorce — create specific mistakes not seen in other states.

Mistake #1 — Using Pre-2023 Divorce Forms

Maryland's forms were updated after the October 2023 reform. Old forms reference fault grounds (adultery, desertion, cruelty) and the 12-month separation requirement that no longer exist. Using old forms causes rejection.

Fix: Always download forms fresh from mdcourts.gov/legalhelp/familylawforms. Confirm the form version date before filing.

Mistake #2 — Filing a Mutual Consent Divorce Without a Complete Settlement Agreement

The mutual consent path requires a Settlement Agreement covering ALL issues — signed before or at the time of filing. A partial agreement or an oral agreement does not qualify. The judge will not approve an incomplete Settlement Agreement.

Fix: Address every issue in the Settlement Agreement: all marital property, all debts, alimony (or waiver), and (if children) custody, parenting plan, and child support. Both spouses must sign before filing.

Mistake #3 — Confusing Limited Divorce and Absolute Divorce

Some Maryland filers file for limited divorce believing it terminates the marriage. It does not. Limited divorce is a court-supervised separation — the marriage continues legally, and marital property cannot be divided.

Fix: If you want the marriage ended and property divided, file for Absolute Divorce.

Mistake #4 — Commingling Separate Property

Using an inherited account for household expenses, or depositing marital income into a pre-marital account, can convert separate property to marital property. This happens gradually and often goes unnoticed until the divorce.

Fix: Keep pre-marital and inherited assets in dedicated, separate accounts. Never mix marital funds with separate funds. Document the source of all major deposits.

Mistake #5 — Not Understanding the Use and Possession Order

The non-custodial parent may not realize that the custodial parent can seek a Use and Possession Order keeping them in the family home for up to 3 years — even if the home is the non-custodial parent's separate property or the non-custodial parent owns a majority of the equity.

Fix: Address use and possession in the Settlement Agreement explicitly. If both parties agree on the home disposition, a written agreement removes the court's discretion to issue a Use and Possession Order.

Mistake #6 — Not Recording the Deed at the Land Records Office

The Judgment of Absolute Divorce and the Settlement Agreement do not transfer title to real estate. A Special Warranty Deed must be prepared, signed, and recorded at the county land records office at the Circuit Court. Failure to record leaves the leaving spouse on title.

Fix: After refinancing is complete, prepare and execute the Special Warranty Deed. Record at the land records office promptly.

Mistake #7 — Missing the Transfer Tax Exemption

Maryland imposes State Transfer Tax (0.5%) and County Transfer Tax on real estate transfers. Transfers incident to a divorce judgment may be exempt. Filers who don't claim the exemption pay thousands in unnecessary taxes.

Fix: When recording a post-divorce deed, confirm the transfer tax exemption with the land records clerk. Proper documentation includes the Judgment of Absolute Divorce and a reference to the transfer's divorce-related nature.

Mistake #8 — No QDRO for Employer Retirement Plans

The Settlement Agreement awards a spouse a share of a 401k or pension. The QDRO is a separate order that actually effectuates the transfer. Without a QDRO, the plan administrator will not divide the account — even years after the divorce.

Fix: After the Judgment of Absolute Divorce, engage a QDRO specialist. Maryland pension plans (e.g., Maryland State Retirement and Pension System — MSRPS) have specific QDRO requirements; contact the MSRPS directly.

Mistake #9 — Leaving Alimony Silent in the Settlement Agreement

A Settlement Agreement that neither awards nor waives alimony creates a gap that can be exploited post-judgment. Maryland courts retain jurisdiction to award alimony if it was not addressed.

Fix: Either specify the alimony type, amount, duration, and termination events — or include a clear written waiver: "Each party waives any and all claims for alimony, now and forever."

Mistake #10 — Asking the Court to Modify the Settlement Agreement at the Hearing

For a mutual consent divorce, the Settlement Agreement is approved as-is. If either spouse attempts to change the agreement at the hearing, the judge will not approve the mutual consent divorce. The case may need to proceed under a different ground.

Fix: Finalize and agree on all terms before the hearing. Do not show up to a mutual consent hearing expecting modifications.

Last reviewed: March 2026 | Use post-2023 forms only | mdcourts.gov/legalhelp/familylawforms | Transfer tax exemption for divorce deeds

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.