Maryland has a new ground for an uncontested divorce call a “Mutual Consent Divorce”. This new type of divorce eliminates the one-year waiting period. You can expedite your divorce in Maryland, if you meet the new qualifications for a “Mutual Consent Divorce in Maryland”, — effective October 1, 2015.
Qualifications for a “Mutual Consent Divorce in Maryland”
If you don’t have any children you can qualify for this divorce which does not require a one year waiting period. This new divorce is called a “Divorce by Mutual Consent”.
It is only available to couples who don’t have any minor children. You must satisfy these conditions to qualify for a Divorce by “Mutual Consent”:
Four Conditions for Divorce by “Mutual Consent”
A couple will be able to qualify for divorce by “mutual consent” if four conditions are met:
1. They have no minor children in common;
2. They have a signed, written settlement agreement covering both alimony and property rights that they submit to the Court;
3. Neither party asks the Court to set aside their written settlement agreement; and
4. They both appear at the uncontested divorce hearing.
Separation before Filing no Longer Required
This type of divorce does not require the couple to be separated for any period of time before filing for the divorce. The only other existing, no-fault ground for absolute divorce in Maryland requires parties to be separated for an entire year before they can file.
Under current Maryland law, living together under the same roof while negotiating property and support issues, delays when a divorce can be granted on no-fault grounds. Only after a couple has separated and has lived separate and apart for twelve months can one of them file for a divorce on no-fault grounds under existing law.
The new law means that if you qualify and execute a Marital Separation Agreement, you can file for divorce as soon as each party as executed the Marital Separation Agreement.
You can also stay living in the same residence while you are your spouse negotiate the terms of your Marital Separation Agreement. This reduces the cost of securing your divorce as you will not have to move to a separate residence during this transition period while you are negotiating your Agreement.
Our divorce forms for a Mutual Consent Divorce in Maryland are automated, so easy to complete and come with detailed filing instructions. This is the lowest cost way to secure your divorce.
The Hearing for a No-Fault Divorce in Maryland
If you file for A “Mutual Consent” Divorce, both parties will have to attend and participate in the hearing.