Divorce can be a stressful and life-altering event for all family members, including children. When a family divides, the legal, financial, and emotional complexities that arise can feel overwhelming.
The Bishop Law Group knows the strain and hardships that family law cases present. We are here to guide you through these troubling times with expertise and compassion.
At The Bishop Law Group, our seasoned Baltimore family law attorneys will listen to your side of the story, answer your questions, and address your concerns.
We know what a difficult time this is for you and your family, and we strive to find the most effective and cost-efficient solution to your problems. Above all, this is your life and your case; we will not make any decisions without your involvement and approval.
If you are seeking an experienced and compassionate Baltimore family lawyer you can trust, call The Bishop Law Group today to discuss the details of your case. Our firm proudly serves clients throughout Maryland, including Baltimore, Ocean City, and other nearby areas.
Mutual Divorce
Mutual consent divorce provides a simplified and less adversarial way for couples in Maryland to dissolve their marriage. This process allows couples to avoid the lengthy waiting periods and specific fault-based grounds that traditional divorce proceedings often require.
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Why Maryland Introduced Mutual Consent Divorce
Before 2015, couples in Maryland could only obtain a divorce if they satisfied one of seven legal grounds, which included:
- Adultery
- Desertion
- Insanity
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- Conviction of a felony or misdemeanor with a sentence of at least three years and one year of actual incarceration
- Cruelty toward a spouse or child
- Excessively vicious treatment of a spouse or child
- Total separation for at least 12 uninterrupted months, with no sexual relations or shared residence during that time
Most of these grounds required proof of fault or misconduct. While fault-based divorces may be necessary in some cases, many couples simply recognize that they are better off living separately.
However, prior to the introduction of the mutual consent divorce law, couples were required to live apart for an entire year—often incurring the cost of maintaining separate residences—before they could begin the divorce process.
Benefits of Mutual Consent Divorce
The mutual consent divorce law, passed in 2015, eliminates the 12-month waiting period. It allows couples—and, as of 2018, parents—to obtain a divorce without the financial burden of living separately before the final judgment.
To qualify for a mutual consent divorce, couples must meet specific conditions, making the process more collaborative and efficient.
Requirements for a Mutual Consent Divorce
To be granted a mutual consent divorce, couples must provide the court with the following:
- Signed Settlement Agreement: Both spouses must sign a written agreement that resolves all issues related to property and alimony.
- Parenting and Child Support Agreement (if applicable): For couples with children, a separate agreement must address child custody, parenting time, and financial support.
- Consistency: Neither spouse may change their mind about the terms of the settlement agreement between signing and the divorce hearing.
This process removes the need for a judge to resolve disputes, requiring both parties to work together to reach agreements on issues like pensions, property, and child support.
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The Effect of a Mutual Consent Divorce Judgment
When presenting a settlement agreement in a mutual consent divorce, couples ask the family court judge to make those terms legally binding.
Key Aspects of the Divorce Judgment
- Final Decree: An absolute divorce is a permanent judgment that dissolves the marriage and restores each spouse to single status.
- Binding Agreement: The judgment includes the distribution of property, assets, and alimony. Once finalized, these terms cannot be changed unless there is a material change in circumstances related to child custody, parenting access, or support.
- Enforceability: The settlement agreement is merged into the Judgment of Absolute Divorce and carries the same legal weight as a court order.
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The Maryland Mutual Consent Divorce Process
Step 1: Gathering Required Documents
Once both parties have finalized and signed the settlement agreement, they must submit the following documents to the court:
- Civil-Domestic Case Information Report: This form provides basic details about the case, including contact information for both parties and their attorneys.
- Complaint for Absolute Divorce: This legal filing specifies the grounds for divorce (mutual consent) and includes details about the marriage and children, if applicable.
- Settlement Agreement: A signed document resolving all property and alimony issues.
- Parenting Agreement: If the couple has children, a signed agreement covering child custody, parenting access, and financial support must be provided.
- Child Support Guidelines Worksheet: If child support payments are included in the settlement, this worksheet must outline the financial arrangement.
If both spouses do not file the paperwork together, one party must serve the other with the Complaint. Legal service must be conducted by an individual over 18 who is not involved in the case. Proof of service is required through an Affidavit of Service.
Step 2: Attending the Divorce Hearing
After all documents are filed, the court schedules a hearing within 45 days. The spouse who filed the Complaint must attend the hearing to provide limited testimony and confirm the terms of the agreement.
Contact a Baltimore Family Law Attorney Today
If you or a loved one are considering a mutual divorce or just want to know more about it, The Bishop Law Group can provide guidance throughout the process.
Contact us to schedule a consultation.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
