In May 2025, major improvements to the Montgomery County Equitable Distribution procedure took effect.  These updates will streamline procedures, clarify expectations, and hopefully get you to a resolution faster.  Whether you’re an attorney or a party going through a divorce in Montgomery County, understanding these changes is important to protect your rights and navigate the process efficiently.

If you have assets and debts to divide, (and included a claim for Equitable Distribution in your Divorce Complaint) you can file a Motion to Commence Equitable Distribution Scheduling before grounds for divorce have been established, and before discovery is completed.  Getting in front of an Equitable Distribution Hearing Officer sooner may short circuit conflict sometimes caused by unrealistic expectations and posturing.  It may also limit the amount of discovery requested while waiting for grounds to be established.

An Initial telephone Conference with an Equitable Distribution Hearing Officer will be scheduled for counsel and unrepresented parties only.  The purpose of the Initial Conference is to address discovery issues, set deadlines for completing discovery, and encourage early settlement.  Parties will need to prepare an Initial Conference Memorandum with case information, inventories of assets and debts, and discovery requests filed ahead of time.  If a date of separation dispute exists, it will be referred to the assigned Family Court Judge.

At the end of the Initial Conference, a Settlement Conference will be scheduled for all parties and counsel to attend.  Each party must submit a detailed Settlement Conference Statement, which will include asset values, proposed distribution percentages, and relevant support documents.

If no settlement is reached at the Settlement Conference, and discovery is complete, a Praecipe to Transmit/Motion for Entry of Grounds Order can be filed to move toward an equitable distribution hearing.  This step requires divorce grounds to be established, usually by mutual consent or one year separation.  This filing will include trial time estimates and be served on both the Hearing Officer and the opposing party with proof of service.

A formal equitable Distribution hearing will follow.  Both parties will be required to file updated Pre-Trial Statements and Expert reports, if any.  After the hearing, the Report and Recommendation of the Hearing Officer will become an Order, unless exceptions are filed.

If you have questions about how these changes impact your divorce case, or need help navigating the process, we are here to help you.  Contact us at (610) 222-5959 for a free initial consultation.