The state of Maryland allows for a number of different grounds for absolute divorce. The grounds which apply best to you will in part determine what the process is that you have to follow. One of the grounds now available in Maryland is that of mutual consent divorce. After an initial introduction in 2015, the Maryland mutual consent policy has now been updated as of 2018.
Mutual Consent Divorce in Maryland
As it was first applied, mutual consent allowed for parties without minor-aged children to proceed with a divorce without waiting for the typical 12 month separation period. The parties were required to come to terms on all matters pertaining to alimony and the division of property in a signed, written agreement. As long as neither party filed to set aside the agreement, the two could show up to a final court hearing and be done with the divorce.
The 2018 update in a bill from the General Assembly of Maryland adds to this that parties with minor children are also able to pursue mutual consent as a grounds for divorce. All of the above still applies, though here the parties must also come to a written agreement on all aspects relating to the children, what the bill states as their “care, custody, access, and support.”
Further, when child support is applicable and agreed upon, an appropriate worksheet must be attached. The court then must determine that the agreement is in the best interests of the children.
As with Maryland divorce mediation, divorce via mutual consent allows for a potentially smoother and more rapid divorce proceeding, and provides an alternative to contentious, drawn out courtroom battles.
Get a Free Consultation for Mutual Consent in Maryland
Whether you think mutual consent as a grounds for absolute divorce is right for you, or you have questions about the process, what it means, or the latest updates, feel free to get in touch with our office. You can schedule a free consultation by calling us at 240.395.1418.