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Introduction: Uncontested Divorce (“Mutual Consent”) in Maryland
Recently, we discussed the grounds for divorce which are currently required under Maryland law. In that post, we saw how Maryland has three primary grounds for divorce – separation, irreconcilable differences, and mutual consent. This latter ground, mutual consent, is also characterized as “uncontested divorce” in Maryland, the main reason being that this route allows the divorce decree without a formal trial. Essentially, when spouses take this route, they are both saying that they want the marriage to end, and they are willing to streamline the process by checking off specific requirements.
Not surprisingly, this route of uncontested divorce is relatively more attainable without the assistance of expert counsel. Of course, having such counsel is generally always advantageous, but certainly there may be reasons as to why such counsel isn’t available. In any event, in this post we will outline the filing process for divorce via mutual consent under present Maryland law.
Filing without an Attorney: Core Steps of Filing Process
As with all other requests for an absolute divorce in Maryland, a request for uncontested divorce begins with a petition, or complaint. When spouses file, they will mark that they are attempting to resolve the matter via mutual consent, and then they are required to provide the other mandatory filing items. However, even before the filing of the initial complaint, spouses should confer among themselves and be sure that all potential issues have been resolved in advance. After the pre-filing conference, and the initial complaint, spouses then produce a settlement agreement for the court to approve.
SETTLEMENT AGREEMENT
When spouses pursue mutual consent, they are stating to the court that they have privately resolved all issues which could potentially lead to litigation. In other words, they are not only indicating that they both want the split, they’re also stating that their aren’t any substantive disputes. Consequently, Maryland law requires that those seeking an uncontested divorce submit a settlement agreement to the court for approval, and the agreement must show precisely how the substantive issues of a divorce (i.e. custody, alimony, property division, etc.) will be resolved. The court’s role in this type of situation is ordinarily limited merely to a review of these items; if no substantive issues remain disputed, and the agreement reflects this fact, then the court should approve the terms of the agreement in most instances.
OTHER FILING FORMS
In addition to the settlement agreement, there are several other forms required under current Maryland law. These are technicalities, but still necessary parts of the whole process, and so spouses will need to complete them. Maryland law requires documentation to demonstrate each spouse’s financial situation, a “Civil Domestic Information Report,” parenting and custody related documents, and a filing fee or filing fee waiver (depending on the circumstances).
Key Points on Uncontested Divorces in Maryland
This provides a good overview of the core steps and items involved in the uncontested divorce filing procedure in Maryland. One point to emphasize is that, by comparison, the filing process for divorce by mutual consent is relatively simple, and this is of course by design. Divorce by mutual consent is meant to be an express avenue, a more accessible option, and so the process reflects this underlying goal.
Contact the Murphy Law Firm for More Information
Readers who want to know more about the uncontested divorce in general, property division, equitable distribution, or any other relevant family law matter, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
