For anyone considering getting a divorce, one question that comes up is whether the divorce will be “contested” or “uncontested.” In this article, the experienced and knowledgeable Charles County, MD., Child Custody and Divorce lawyers at the Law Office of Robert Castro explain the differences between contested and uncontested divorces. The difference may seem simple to understand, but many divorcing spouses have learned that what was supposed to be an easy, “uncontested” divorce turns into an ugly, expensive, and drawn-out “contested” divorce. In any event, as discussed below, there are different types of uncontested divorces in Maryland; anything that is NOT uncontested must be defined as contested.

If you are considering getting a divorce and if you have questions, contact us. Our number is (301) 870-1200, or use our contact page. We have offices in Waldorf, Maryland.

Types of Uncontested Divorces in Maryland

As noted, there are at least a few types of uncontested divorces in Maryland. The first is an official proceeding called Divorce by Mutual Consent. By definition, this type of divorce is uncontested because, by statutes and court procedures, the couple CANNOT file a divorce by mutual consent UNLESS they have agreed to all issues in the divorce. This includes agreements regarding property division, alimony, and issues related to child custody (if there are minor children), such as physical and legal custody, visitation rights, etc. The couple can agree with respect to child support payments. However, any agreement must be consistent with what the Maryland Family Law Statute requires with respect to the amount the parents are required to pay to support their child or children.

Note that if at any point after filing for a Divorce by Mutual Consent, one spouse or the other changes his or her mind and begins disputing matters, then the Divorce by Mutual Consent is converted into a “regular” divorce proceeding. A Divorce by Mutual Consent can be completed in as few as two or three months.

An uncontested divorce also occurs when one spouse either refuses to participate or cannot be located to participate in the proceedings. In that sort of case, what the one spouse says and files is, for obvious reasons, “uncontested.”

Finally, an uncontested divorce can occur if the spouses ultimately agree on the various questions and issues that arise in the proceedings. In these cases, the case is filed as though it were contested, but over time, the couple comes to an agreement on every issue, causing the case to become, essentially, uncontested.

Contested Divorces in Maryland

As noted above, any divorce that is NOT uncontested must be defined as a contested divorce. And, sadly, some couples may not know if their divorce is contested or uncontested until the papers are prepared and offered to the other spouse for signature.

Semi-Contested Divorces in Maryland

Note that there are some divorces that are semi-contested. Generally, these are divorces where the couple cannot agree on one or several particular issues. A good example might be how to value and equitably divide ownership of a family business. In such a case, the couple agrees on everything else but desires that the divorce court make the decision about business value and proper division.

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.