03 Jan 2018

Mutual Consent Divorce in Maryland

Many couples going through a divorce in Maryland are aware of the new law that took effect this past year that permits people to obtain a divorce on the grounds of mutual consent. The benefit of the new law is that people not separated for at least one year before filing for an absolute divorce so long as the requirements met. We’re asked, though, how to prepare for the divorce hearing when moving forward on a mutual consent divorce.

Qualifications for a “Mutual Consent Divorce in Maryland”

For a couple to get a mutual consent divorce in Maryland:

  1. Have no minor children in common
  2. 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 agreement settlement
  4. Both present at the uncontested divorce hearing.

This type of divorce does not require the couple to be separated for any period before filing for the divorce. The only other existing, no-fault ground for absolute divorce in Maryland needs parties to be separated for a whole one year before they could file.

Under present Maryland law, living together under the same roof at the same time as negotiating property and support issues, delays the divorce on no-fault grounds. After a pair has separate houses and has lived apart for twelve months then only one of them can file for a divorce on no-fault grounds.

The Hearing for a No-Fault Divorce in Maryland

On the hearing for Absolute Divorce, you will want a corroborative witness. A witness is a person who affirms for you and supports your version of the facts. The witness gives his/her testimony based on the facts he/she saw or heard. We provide you with detailed instructions so you can represent yourself in the divorce hearing. In case you file a “Mutual Consent” Divorce, both parties will have to attend and participate in the trial.

When the real hearing can be reasonably stress-free, it is essential that parties satisfy all legal requirements to have their divorce finalized. Consult a knowledgeable family law lawyer to represent your interests sufficiently.

If you want representation for your Divorce case in Maryland, please contact our Family law lawyers or call 301-515-1190 to set up an initial consultation.

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