Just thinking about divorce is enough to stress some people out — horrible arguments, emotional outbursts, time off work, financial struggles, and having to face your ex are just a few of the things some people envision. However, this is really just the worst-case scenario rather than the common reality. Television and movies portray all divorces as tumultuous, but that is not really the case. In many divorce matters, the spouses are quite civil, and the case concludes quickly.

If you and your ex can settle outstanding issues on your own, you can file for an uncontested divorce, which saves both time and money. Even in an uncontested divorce, you may still want to talk with a skilled Maryland divorce attorney who can look over your documents and ensure you are not giving up too much in the property settlement agreement. Some people opt to file an uncontested divorce only to find out later that their ex was hiding assets, or some items listed as separate property should have been divided as marital property.

What is an Uncontested Divorce?

Basically, an uncontested divorce is one in which both parties agree on all the main aspects of the divorce itself. These items include:

• Alimony;
• Child custody and visitation, including where your kids will reside;
• Division of marital property, including debts;
• Child support, which includes medical expenses and health/dental insurance;
• Tax deductions and exemptions; and/or
• Any other outstanding disputes.

Mutual Consent Divorce in Maryland

You and your spouse may qualify for a “Mutual Consent Divorce,” which is a type of uncontested divorce. In 2015, a new law went into effect that would allow some people without minor children get divorced without the standard one-year waiting period. In 2018, the law was updated to include parties who have minor children, as well. This helps save money as you are not required to maintain two separate households with kids for a year first.

A Mutual Consent Divorce is only eligible for divorce cases in which one or both spouses have been legal residents in Maryland for a minimum of six months prior to filing for divorce.

To qualify for a Mutual Consent Divorce, you and your ex must have a written settlement agreement which covers all the following topics:

• How marital assets and debts will be divided
• Full disclosure on how spousal support or alimony is to be handled;
• There cannot be any disagreement on issues and neither party can request the court to set aside the marital separation agreement, either;
• There must be a full plan laid out on the custody, career, support, and access to your minor children;
• Both spouses must be in agreement in regard to marital property distribution; and
• Both spouses have to be in attendance at the uncontested divorce hearing.

Contact a Maryland Divorce Attorney

If you have questions on Mutual Consent Divorces, or any other legal topics related to family law matters, it is important to speak with a Charles County family law attorney. Contact the Law Offices of Robert R. Castro today at 301-870-1200 to schedule an initial consultation. Let us answer all your questions related to divorce and other related family law matters.