Maryland Mutual Consent Divorce

Published on
July 26, 2018
Written by
Angel Murphy
Category
Divorce

There are two types of divorce in the State of Maryland—limited and absolute. A Maryland absolute divorce is a divorce. It has commonly known and understood that it completely severe's marital relationship between the parties. And entitles them both to the right to remarry. While Maryland's limited divorce is essentially a legal separation where the parties still married. Hence the parties no longer live together and cannot remarry. However, a Maryland Mutual Consent Divorce is a no-fault ground to obtaining an absolute divorce.

What is a Mutual Consent Divorce?

A Maryland Mutual Consent Divorce has a no-fault ground for obtaining an absolute divorce. When both parties do not have any minor children. They have to sign a settlement agreement that speaks to all marital property issues. Property issues include, but not limited to, real property such as a home, pensions, and alimony.

What are the steps to obtaining a Maryland Mutual Consent Divorce?

The parties must first draft and sign a settlement agreement regarding all property. After the agreement has signed and the parties agree to all terms. The agreement will have to submit to the court when they file for divorce. It is important to note that neither party can ask the court to set aside the agreement in their response once the agreement has been finalized. The court will then schedule a hearing within 45 days of filing. Once those two requirements have met and the hearing held, a Maryland Circuit Court will then grant the parties an absolute divorce without requiring separation.

What are the benefits of a Mutual Consent Divorce?

A Maryland Mutual consent divorce has many benefits. The most important benefit is that it allows parties who do not have minor children to obtain a divorce without having to separate for the one year waiting period that they would under normal circumstances. In fact, the Maryland Mutual Consent Divorce does not require that the parties separate for a specific period as it would under normal separation circumstances.Another benefit is that the parties do not have to separate to obtain the divorce if the agreement speaks to that issue. This incentive gives the parties an opportunity to figure out their respective living arrangements and still reside in the same home. And instead of waiting until it has resolved to make the initial filing for divorce. Further, this benefit alleviates the cost of finding a new residence and incurring more expenses during this transition period.

The Maryland Mutual Consent Divorce has made the process of filing and obtaining a Maryland divorce a little easier for parties who have no children.  The divorce process has still very important steps that need to be handled in a swift and seamless manner. You need an experienced attorney who will advocate on your behalf and ensure that the agreement drafted for your Maryland Mutual Consent Divorce caters to your specific needs. Contact Angel Murphy with The Murphy Law Firm, LLC today to schedule a consultation at (240) 493-9116 or angel@amurphylegal.com. If you are active on social media, Like us on Facebook @AMurphyLegal, Follow us on Instagram @AMurphyLegal, and Twitter @AMurphy_Legal

Angel Murphy

Personable. Passionate. Persistent.

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