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Mutual Consent Divorce

Maryland Mutual
Consent Divorce

Mutual Consent Divorce in Maryland

A number of states require couples to have fault grounds for divorce—in other words, legal reasons that justify ending the marriage based upon the bad acts of a spouse. Common fault grounds for divorce include adultery or physical abuse. The public policy reason behind requiring fault grounds is to discourage couples from ending a marriage impulsively when they might otherwise have been able to make the marriage work. Maryland has several fault grounds for absolute divorce (termination of a marriage).

The goal of preserving marriages whenever possible is a laudable one, but sometimes a couple understands that, despite the absence of wrongdoing on the part of either spouse, the marriage needs to end. Fortunately, Maryland also provides the option of “no fault” divorce grounds. Historically, Maryland’s no fault divorce grounds required the couple to live “separate and apart” for a time period, most recently twelve months, before even filing for the divorce. This could prove to be problematic if the couple was intimate with each other or spent a night under the same roof during that period of time since that would restart the twelve-month clock.

Until recently, there was no option for couples who simply wanted to end their marriage without alleging fault and without a lengthy separation (and the expense of maintaining separate households during that time). Then, in 2015, Maryland introduced the option of a mutual consent divorce.

What Mutual Consent Divorce Is, and Who Qualifies

Mutual consent divorce allows Maryland couples to file for divorce without alleging fault and without a waiting period. The couple is not required to live apart for any period of time; in fact, if they choose, they can remain in the same household throughout the divorce process. Initially, mutual consent divorce was available only to couples without minor children in common; however, in 2018, Maryland streamlined the process by making it available to parents as well.

As the name implies, mutual consent divorce requires that the couple be in agreement. They must agree not only upon the need for the divorce, but they must also agree upon its terms. In order to be granted a mutual consent divorce, the couple must have a written, signed marital settlement agreement that:

  • Addresses and resolves the distribution of all marital property and financial issues, including retirement accounts and alimony, if any
  • Resolves the issues of child custody and parenting time, as well as child support, if there are minor children. A child support guidelines worksheet, which the court will require at the time of divorce, should accompany the agreement

Typically, the parties sign an agreement containing all these necessary provisions in advance of a scheduled hearing at which an absolute divorce will be officially granted. At the hearing, the couple must affirm that they still want the divorce.

Reaching Agreement in a Maryland Mutual Consent Divorce

There are many advantages to mutual consent divorce: it is faster, and usually less costly and hostile, than a litigated divorce. It also offers couples greater control over the terms of their divorce judgment than they would have in a trial.

Mutual consent divorce may be simple in concept, but it is not necessarily easy in practice. In order to reach the point where a couple can request a mutual consent divorce, they must have worked through all of the issues related to their marriage. A couple may be in broad agreement—for instance, that they will divide their property equally and share custody of the children—yet struggle to define the details of how to implement these concepts into a workable plan. Fortunately, there are options available to help facilitate resolution for couples who struggle to reach agreement on the details.

Couples who have difficulty ironing out the details of their divorce settlement agreement on their own may be able to negotiate more effectively with the help of attorneys. There are also alternative dispute resolution (ADR) options, such as mediation and Collaborative divorce, which are geared toward facilitating resolution. Attorneys may also be quite beneficial during each of these ADR processes. As part of all these options, whether negotiation, mediation, or collaboration, a formal written contract, or marital settlement agreement, is prepared for each party to sign.

Reaching agreement is typically the most difficult part of a mutual consent divorce. Once you reach agreement, your divorce hearing will usually be scheduled before a magistrate or family court judge within about 45 days following the filing of your divorce complaint and supporting documents.

How We Help with Your Mutual Consent Divorce

At Strickler, Platnick & Hatfield, we recognize the value of crafting a mutually-agreed upon marital settlement agreement, and we are experienced in all the dispute resolution techniques to facilitate agreement. We work to help clients reach an agreement on their own terms, yielding a result that not only meets their needs but conserves their resources—both emotional and financial. We are seasoned negotiators and litigators, with creative insights into the process of reaching resolution and a keen tactical approach geared toward problem solving. Our singular focus is achieving our clients’ goals.

We invite you to contact Strickler, Platnick & Hatfield and schedule a consultation to discuss your individual situation and learn how we can help you with your Maryland mutual consent divorce.

Testimonials

“Great lawyer to work with. Excellent communicator and listener. Courtroom skills exceptional. Would highly recommend for any family law situation.”
– Divorce Client , ★★★★★ Lawyers.com Review
“I highly recommend Geoff. He and his all-star team assisted me through a difficult and contentious divorce and child custody case. Geoff’s knowledge and personal relationships really assisted in the positive outcome of my case. Geoff was efficient throughout the…”
– Family Law Client , ★★★★★ Avvo Review
“Took a personalized approach to my complex divorce and was available to achieve an outcome beyond my highest expectations.”
– Divorce Client , ★★★★★ Lawyers.com Review
“Strategic and Pragmatic. Geoff has seen plenty of situations and how they play out. Geoff has an expert understanding of the process. Geoff does a great job of communication and letting you know what’s going on by including you in…”
– Divorce Client , ★★★★★ Avvo Review
“One of the most dedicated, fair, competent, patient attorneys I have had the pleasure of dealing with. He has helped myself and many others through some difficult times. He is a very good listener and can direct you in the…”
– Divorce Client , ★★★★★ Lawyers.com Review
“Excellent at simultaneously executing specific tactical aspects of the case while maintaining overall macro view.”
– Family Law Attorney
“I have worked with Geoffrey S. Platnick as an expert witness in several cases and find him to be an excellent attorney with a real interest in his clients.”
– Child Custody Expert , ★★★★★ Lawyers.com Review
“Absolutely amazing during a very difficult time.”
– Divorce Client , ★★★★★ Lawyers.com Review
“He is a brilliant lawyer, a fantastic strategist, willing to resolve cases through mediation but kick butt in court if that is required, and in the final analysis, effective in achieving his clients’ goals. One of the really great ones.…”
– Family Law Client , ★★★★★ Martindale-Hubbell Review
“A very empathetic and diligent person and attorney. His tact in suggesting acceptable solutions to emotionally charged situations and sensitivity to child issues that can easily get neglected in the egoic fracases in such cases is truly exemplary. I am,…”
– Family Law Client , ★★★★★ Martindale-Hubbell Review

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