By: Mary Ellen Flynn, Esq.
301-563-6685
Email: meflynn@a-f.net
As of Oct. 1, 2018, this applies even if you have minor children in common.
Over a year ago, Maryland created a “divorce by mutual consent” clause, which eliminated the 12-month separation requirement for obtaining an uncontested divorce.
Spouses can now file for an uncontested divorce without having to be separated for 12 months if:
- The spouses do not have any minor children in common.
- There’s a written and signed settlement agreement that resolves all issues of alimony and property.
- One of the spouses has lived in Maryland for over six months prior to filing for divorce.
- Neither party has filed a pleading to set aside the settlement agreement.
- Both spouses testify at a divorce hearing, which is usually about 10 minutes long.
Requirements for Spouses With Children
Further, Maryland will soon allow spouses to immediately file for divorce upon having a written and signed settlement and obtain a mutual consent divorce even if they have minor child in common.
As of Oct. 1, 2018, spouses who have minor children in common may immediately file for divorce so long as they have a written and signed settlement agreement that resolves all issues of property and support, including a child support guidelines worksheet.
As is true for all divorces in Maryland, the court must still be satisfied that the terms of the settlement agreement are in the children’s best interests.
In addition, as of Oct. 1, 2018, the requirement of both spouses having to testify was changed to only one spouse having to testify to obtain a “divorce by mutual consent.”
The other requirements for obtaining a divorce by mutual consent will remain the same. They are:
- Neither party has filed a pleading to set aside the settlement agreement
- One spouse must have lived in Maryland for more than six (6) months before filing the complaint for divorce
Divorce Law Lawyers in Maryland
Regardless of what kind of divorce you’re going through, the divorce lawyers of Andalman & Flynn can help. We’re experienced and compassionate, and we’re ready to help you however you need in all areas of family law.
Contact us today to schedule a consultation with one of our Maryland divorce attorneys.
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