A General Overview of Uncontested Divorce in Maryland

Published on
October 25, 2024
Written by
Angel Murphy, Esq
Category
Divorce

Introduction: Divorce is Based on “Grounds”

Like many other states, Maryland has moved away from requiring “fault” as a condition of divorce. However, although this is the case, Maryland still requires that petitioners for divorce cite “grounds,” or reasons, when they initiate divorce proceedings. Currently, Marylanders have three different reasons which can be cited: physical or residential separation, irreconcilable differences, and mutual consent. To cite physical separation, the spouses need to be “living apart” for a minimum of six months (consecutive, not non-consecutive); separate dwellings aren’t necessary, but the spouses must be clearly living separate lives. Irreconcilable differences essentially means that there are obvious barriers to achieving harmony among the spouses, and mutual consent means that both spouses agree to end the marriage and also agree to settle all issues prior to the petition.

Uncontested Divorces

In Maryland’s family law system, the term “uncontested divorce” is a general term which refers to any divorce which has all issues resolved prior to trial. If a spouse initiates a divorce, and then is able to work together with the other spouse to resolve all issues through a settlement agreement, then the divorce is considered an uncontested divorce. If even one issue – such as an issue related to property division, child custody, etc. – remains unresolved, then the divorce is not considered an uncontested divorce, as the unresolved issue or issues will be “contested” at trial. An uncontested divorce is basically an umbrella term which encompasses any of the specific types of divorce which we’ve referenced; in other words, a divorce based on “irreconcilable differences” may be uncontested if the spouses simply manage to resolve all issues prior to trial.

Mutual Consent is the Quickest / Simplest Form of Uncontested Divorce

A mutual consent divorce is essentially a variation of uncontested divorce. Mutual consent is by far the quickest, simplest and most cost-efficient way to divorce. As referenced above, mutual consent occurs when spouses both agree to end the divorce, and a settlement agreement is able to be reached on all issues. The key thing is that the spouses are able to attain both of these things prior to the petition being filed; this is really the thing which sets mutual consent apart. If even one issue remains unresolved prior to the filing of the petition, then the divorce will not be considered a mutual consent divorce. The divorce can still be considered an uncontested divorce because the remaining issue or issues can still be resolved prior to trial. But, in Maryland law, a mutual consent divorce refers specifically to an uncontested divorce in which all issues are resolved prior to the petition.

Contact the Murphy Law Firm for More Information

To learn more about the details of uncontested divorce in Maryland, the divorce process in general, or about any other related matter, contact one of the attorneys at the Murphy Law Firm today by calling 206-637-6418.

Angel Murphy

Personable. Passionate. Persistent.

Maryland divorce | grounds for divorce | uncontested divorce | mutual consent | physical separation | irreconcilable differences | family law | settlement agreement | divorce process | legal assistance

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