A few years ago, Maryland changed its divorce laws to be more in line with divorce laws in other states. In particular, Maryland created a true “no-fault” type of divorce, which is called “divorce by mutual consent.” The older form of no-fault divorce is still valid. That form requires that the spouses file for divorce for the reasons of separation for the previous 12 months. By definition, divorce on the basis of a 12-month separation required the couple to “wait out” that time period before they could file the divorce complaint with the local Maryland county court. However, divorce by mutual consent does not require that waiting period. If you have questions about Maryland no-fault divorce, call us here at the Law Office of Robert Castro at (301) 870-1200. We are divorce attorneys in Waldorf, Maryland, providing family law and divorce services in Charles County and other communities in Southern Maryland. Here are some legal basics for divorce by mutual consent in Maryland.

What are the legal requirements?

Divorce by mutual consent in Maryland is governed by Md. Code, Family Law § 7-103(a)(8). Under this statutory provision, an absolute divorce can be granted if the spouses have come to an agreement and resolved all issues related to:

• Alimony
• Distribution of marital property and
• The care, custody, and support of minor or dependent children

In addition, if the spouses have minor children which will need child support, then the spouses/parents must attach to their complaint for divorce a completed “child support guidelines worksheet,” which must be reviewed and approved by the Maryland divorce court. The purpose of the court’s review is to ensure that the parents’ settlement agreement relating to the minor children is in the best interests of the child (or children). Courts will also require that a parenting plan be provided, either as part of the Settlement Agreement or as a separate document. The parenting plan will cover such matters as custody, who make decisions for the children, time-sharing (if custody is joint) or visitation rights (if agreed to), etc.

Other requirements

From the above, it is clear that the Settlement Agreement between the spouses must be in writing, the Agreement must be signed by the spouses and the Agreement must be filed with the court along with the divorce complaint.

What about Maryland’s divorce residency requirement?

All that is required is that one spouse lives in Maryland at the time that the divorce complaint is filed with the Maryland court.

Can I change my mind?

Yes. Up until the point that the Maryland court grants the absolute divorce, one of the spouses can file with the court a request to set aside the Settlement Agreement. However, once the absolute divorce is granted, there is no going back (although the Maryland divorce court can later be asked to modify the Settlement Agreement).

Do we need a Waldorf, Maryland, divorce law firm to draft our Settlement Agreement?

There is no legal requirement that a Maryland divorce lawyer drafts your Settlement Agreement. However, it is wise to do this. At a minimum, experienced Maryland divorce attorneys can ensure that the Settlement Agreement is properly drafted and signed. At a minimum, the Settlement Agreement should be reviewed by well-trained Maryland divorce lawyers. This ensures that all issues are covered. This is particularly true if minor children are involved since, as noted, the Maryland divorce court will have to approve those parts of the Settlement Agreement that are related to custody and care of the minor children.

Contact Waldorf, Maryland No-Fault 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.