One method of obtaining a divorce in Waldorf, Maryland, is to seek a divorce by mutual consent. This method depends on the divorcing spouses coming to a full and complete agreement about various aspects of their divorce including issues like alimony and property division. If the couple has minor children, then the spouse must also agree about matters like child custody, visitation, child support, etc. In this article, the Maryland and family law attorneys at the Law Office of Robert Castro provide answers to some frequently asked questions about Maryland’s divorce by mutual consent. If you have other questions, call us at (301) 870-1200. We are seasoned and skilled divorce attorneys with offices in Waldorf, Maryland.

1. Who is eligible for a divorce by mutual consent?
2. Any married couple in Maryland is eligible to seek a divorce by mutual consent. As noted, the couple must agree on all aspects of their divorce. This agreement must be reduced to writing, be signed, and be filed with the Maryland divorce court as part of the initial filing for divorce. In addition, one or both spouses must currently live in Maryland.
3. Can we still file for divorce by mutual consent even if we have children?
4. Yes. Prior to 2015, couples with minor children were ineligible to use this form of no-fault divorce. However, the divorce laws were changed. However, again, the couple must come to an agreement on all issues including child custody, support, visitation, and other child-related matters.
5. What about child support?
6. The couple must come to an agreement about child support. However, child support payments and obligations must conform to what is required by Maryland law. That is, the divorcing couple cannot agree to no child support or child support that is lower than what is required by Maryland’s divorce statutes. The couple CAN agree that child support payments will be higher than what is required.
7. Will we have to go to court to have our divorce approved?
8. Yes, but only one spouse is generally required to appear. Otherwise, if the papers are in order and complete, then there is typically no need for the other spouse to appear before the Maryland divorce court judge.
9. Does the judge have to approve the agreement made between the spouses?
10. No, unless there are minor children involved. Generally, the Maryland divorce court does not approve the agreement between the spouses. However, if there are minor children involved and the divorcing couple has made agreements about child custody and support, the court WILL review that part of the couple’s agreement to ensure conformity with the law.
11. What if the Maryland divorce court judge disapproves the part of the agreement related to the children?
12. The couple will have to amend their agreement to conform to Maryland’s law with respect to child custody and support.
13. Can we file for divorce by mutual consent without a lawyer?
14. Yes. It is probably wiser to seek legal advice and guidance, but a Maryland divorce by mutual consent can be filed without a lawyer. The paperwork can be complex involving full disclosure of assets and debts and specification of the spouses’ agreement with respect to alimony and division of marital assets. For child custody and support, completed financial worksheets must be filed with the court along with a parenting plan. Again, the spouses must be in complete agreement.
15. How quickly can we file?
16. You can file for a Maryland divorce by mutual consent as soon as the couples’ agreement is signed and the other paperwork is ready to be filed.

Contact Waldorf, Maryland Family Law and Divorce 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, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.