Yes. In Maryland, a couple can get a Divorce By Mutual Consent even if they have minor children (under the age of 18). In this article, the experienced Maryland Family Law and Child Custody Attorneys at the Law Office of Robert Castro discuss the basics of a Maryland divorce by mutual consent (“DBMC”) along with how child custody and support are handled. If you have other questions, call us at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland.

The basic requirement of a DBMC is that the couple agree about everything related to their divorce. This means agreeing about property division and alimony plus everything related to the kids. The spouses will put their agreement in writing — called a Marital Settlement Agreement (“MSA”) — and the MSA will become part of the Maryland divorce court’s final Order granting the divorce. The MSA is the key document that must be filed at the start of the divorce proceeding.

With respect to the kids, the parents will have to be in complete agreement with respect to custody and support. Agreement about custody can be “easy” if one parent wants full custody and the other parent wants no involvement with the kids. Agreement is also easier where the kids are teenagers. On the other hand, with younger children, agreement can be more complicated where one parent wants visitation rights and agreement can be very difficult if joint custody is desired. However, if the parents can agree and can reduce the agreement in writing, that is all that is required for a DBMC. In the end, making an agreement is helped by the fact that a Parenting Plan is required as part of any divorce where there are minor children. A Parenting Plan is part of the many documents that must be filed as part of your divorce.

Concerning child support, understand that the parents CANNOT agree to no child support or any amount of child support that is LESS THAN the amount required by Maryland divorce laws. This is one aspect of the MSA that will be closely scrutinized by the divorce court. Understand also that the divorce court will modify the child support amount to conform to Maryland’s divorce laws. Honestly, the formulas for determining child support payment obligations are complicated and confusing, and many parents make mistakes when drafting their MSA. This is one reason to have the help of experienced legal counsel.

Generally speaking, other than issues of child custody and support, the Maryland divorce court judge is not reviewing the spouses’ MSA to say it is “good” or “bad.” For the non-child-related parts, the judge is basically reviewing the MSA to ensure that it is complete and properly completed. 

However, the judge must still comply with Maryland divorce laws and review the custody agreement to ensure that it complies with the “best interests of the child” legal standard. In Maryland, “best interests of the child” is the legal standard for approving custody arrangements. This applies even for a DBMC. This can be summarized as reviewing the whole divorce case file to ensure that the parent awarded custody via the MSA will have the resources to provide a home, food, clothing, love, and support for the child or children. The court will also look for evidence of disqualifying attributes like criminal behavior, neglect, abuse, addiction issues, etc. And, as noted, the agreed child support must conform with the amounts required by Maryland law.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.