This new type of divorce is called a “mutual consent” divorce, and sometimes by the informal "quickie divorce." Name*Email Address* PhonePreferred Method of ContactPreferred Method of ContactPhoneEmailMessageCAPTCHACommentsThis field is for validation purposes and should be left unchanged. Mutual Consent Divorce removes the need, and the opportunity, for a judge to hear your case and decide your issues for you, so it requires both parties to reach an agreement on everything from pension plans to pots and … In a mutually consented divorce, the spouses do not have to go through a period of separation, however, there are other conditions that must be present such as: !�����א��M 9� 5%"� ������FOGBk� �4�ҳgl<. I’m forever grateful to have had her in my corner throughout the divorce process. The mutual consent divorce ground has been around in Maryland for nearly two years now and can alleviate the strain of having to wait. However, you may want to have an attorney assist you with filing because someone who understands the process and the paperwork can make finalizing your divorce easier and more efficient. The other two will be processed by the court clerk and returned to you and/or your spouse for your records and service. You will need to provide the court copies of: If you and your spouse do not file your paperwork together, and sometimes if you do, your spouse will need to be served with your Complaint. We will help you protect your rights and find a solution that works for you and your family. Separation can be a legal reason (or ground) for divorce, depending on how long you and your spouse are separated. (If support is entered you will need to provide a child support guidelines worksheet along with your agreement.). A Maryland Mutual Consent Divorce has a no-fault ground for obtaining an absolute divorce. %PDF-1.6 %���� My spouse and I have a written settlement agreement resolving all issues relating to alimony and property, and we will both appear before the court for an absolute divorce hearing. You cannot serve your spouse. But just because you have a complex family situation doesn’t mean you can’t take advantage of Maryland’s mutual consent divorce process. Maryland couples who do not share a minor child can file for mutual consent divorce. irreconcilable differences, if: The parties may not have any minor children together Before 2015, Maryland couples could not get divorced unless they met one of 7 legal grounds: Except for the last one, these grounds were all based on some specific wrong-doing or conduct. Legal papers must be served by someone that is over the age of 18 and not a party to the case. In October, 2015, the Maryland legislature created divorce by mutual consent for couples to gain an absolute divorce. In fact, the Maryland mutual consent divorce process simply shifts the hard work of resolving your issues to earlier in the process and puts the burden on you, instead of the Court. A faster divorce means both you and your spouse can move on to find your own, separate happiness. Please call our office(s) to get learn how we are engaging with current clients and new at this time. You have both signed a written settlement agreement that resolves property and alimony issues. In fact, the Maryland mutual consent divorce process simply shifts the hard work of resolving your issues to earlier in the process and puts the burden on you, instead of the Court. Schedule a consultation with our expert mutual consent divorce lawyers in Maryland now! A lawyer can help you work through all the issues with your spouse, and make sure your Judgment of Absolute Divorce (and your underlying agreement) sets out rules you can live by. In 2015, the state of Maryland created ‘mutual consent’ as grounds when filing for an uncontested divorce. As one form of uncontested divorce, mutual consent divorce pairs well with the collaborative practice model to help families resolve their differences with the help of collaboratively trained counsel, and avoid the publicity and embarrassment of court trial. A mutual consent divorce does not require you and your spouse to be separated for any period of time prior to filing for the divorce, as long as you meet certain requirements. It will discuss who qualifies to file a mutual consent divorce, and what the process is. Your divorce case has been referred to mediation. Our Family Law attorneys are among the top-rated attorneys in the state of Maryland. endstream endobj startxref McCabe Russell attorneys explain the significance ☎️ Call us today to find out more You will be asked (or both you and your spouse, if you both attend) if you still agree with the settlement agreement and want the Judgment of Absolute Divorce entered. Mutual Consent - My spouse and I do not have any minor children in common. Once served, your spouse will need to file an Answer to your Complaint and his or her own copy of the Civil-Domestic Case Information Report. is_redirect && ! You will have everything you need to complete a Maryland mutual consent divorce. Attach a copy of your written and signed agreement to this Complaint. If you have minor children from previous relationships, you can still file for a mutual consent divorce. Now as of October 1, 2018: Divorcing couples who have minor or dependent children can take advantage of a Mutual Consent Divorce. A Maryland Mutual Consent Divorce is a no-fault ground to obtain an absolute divorce. There are two "no fault" grounds for absolute divorce in Maryland. A signed copy of the Settlement Agreement that resolves all the issues in your case. When kids get involved, that complexity increases to a whole different level. Once you have gathered and signed all the necessary documents, you should bring 3 copies with you to the courthouse, along with cash or a checkbook to pay the filing fee (the court does not currently accept credit cards). You don’t have to work through your divorce alone. What is a Maryland Mutual Consent Divorce A Maryland Mutual Consent Divorce is a no-fault ground for obtaining an absolute divorce when both parties do not have any minor children and have a signed a settlement agreement that speaks to all marital property issues. Contact us today to schedule a consultation with an attorney. This mutual consent divorce format is drafted by our legal experts for India. 642 0 obj <> endobj See MD Code, Family Law §7-103 (see back page). That said, at least one spouse — the one who filed the Complaint — will be required to appear in court and present limited testimony to the court. 0 The other requirements are straightforward: Be prepared to pass through security and metal detectors, Bring a copy of your signed settlement agreement with you. Find out…, Shelly is world-class. Under Maryland mutual consent divorce laws, your marriage can be dissolved more quickly and less expensively, but only if you qualify for the streamlined program. Prior to October 1, 2018, married couples with minor children could not take advantage of Mutual Consent as a ground for absolute divorce. The Judgment of Absolute Divorce also serves as a permanent, binding distribution of all your personal property, real estate, assets, and alimony interests. Divorce Series: Determining a Legal Reason (or Ground) for Divorce; Divorce Series: Mutual Consent Divorce; Divorce Series: Asking for Spousal Support or Alimony; Divorce Series: How the Court Divides Jointly-Owned Property; Divorce Series: Use and Possession; Divorce Series: How to Restore Your Former Name; Divorce Series: Forms You Need to File In Maryland, divorce may be filed as either a no-fault (mutual consent) or fault-based divorce, and understanding the grounds for fault in divorce may be advantageous to your situation. You don’t have to do it alone. This kind of divorce is also called an “Absolute Divorce” and legally is the same divorce that has always been authorized by Maryland law. Know more about mutual consent divorce procedure in India step by step here. The state of Maryland allows for mutual consent as a grounds for absolute divorce, and in 2018, updated its policy to make it open for parties with minor children. If you have children, you have both signed an agreement resolving child custody, access or parenting time, and support of the children. h޴Tko�J�+#�EJ����H�F�R%���l������߳N�DB�zvggv�̜kq�Ɠ2! endstream endobj 643 0 obj <>/Metadata 60 0 R/Outlines 172 0 R/Pages 640 0 R/StructTreeRoot 181 0 R/Type/Catalog/ViewerPreferences<>>> endobj 644 0 obj <>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 2/Tabs/S/Type/Page>> endobj 645 0 obj <>stream In the collaborative divorce process, a team of coaches, attorneys, accountants, therapists, and any other support service providers you may need, form a team to help you and your spouse work together to resolve conflict and reach agreement. "No fault" divorce is divorce without grounds. There are many ways to negotiate the terms of your Judgment of Absolute Divorce. This means that you don’t have to live separate and apart for a one-year … While wrong-doing plays a role in some divorces, many other times, the spouses simply know they are better off living separately. At the Law Office of Shelly M. Ingram, our divorce attorneys know how to guide you through the Maryland mutual consent divorce process, and help you make sure everything is done right. All three copies, and the filing fee, go to the Circuit Court Family Department in your county courthouse. A Maryland mutual consent divorce is a no-fault divorce where one spouse files for divorce and the other spouse agrees to the divorce and the terms. 656 0 obj <>/Filter/FlateDecode/ID[<5C31A8B19A6C164592D5B7E7EFBAFB63><0A7229D08E6B414B809097B5DF3864E3>]/Index[642 28]/Info 641 0 R/Length 86/Prev 364290/Root 643 0 R/Size 670/Type/XRef/W[1 3 1]>>stream But decisions you make early in the process can make a difficult situation easier. Mutual Consent Divorce is now part of the laws of Maryland. The more assets you and your spouse own, the more complicated it may be to divide assets in a way that makes sense. Divorce by mutual consent is available only to Maryland couples who do not have a minor child in common. The benefit of the new law is that people not separated for at least one year before filing for an absolute divorce so long as the requirements met. Once the Complaint and related documents have all been filed, the court will schedule your case for a hearing before a family court judge or magistrate within 45 days. You don’t need a lawyer to file a Complaint for Absolute Divorce under the Maryland mutual consent divorce law. Her counsel and dedication to moving my case forward was a huge load off my shoulders. Neither spouse has changed his or her mind between the time the settlement agreement was signed and the date of your divorce hearing. If you and your spouse live apart with the intention of ending your marriage, and if you do not have sexual intercourse during that time, that constitutes separation. It is recommended that you meet with an experienced family law attorney before you file for a Maryland mutual consent divorce or sign a settlement agreement. While a 12-month statutory “no fault” ground remains a common way to receive an absolute divorce in Maryland, a party may be eligible to be granted an absolute divorce on fault based grounds requiring no period of separation if one can prove adultery, cruelty of treatment, excessively vicious conduct or have grounds for mutual consent. If you want to make the most of your time and energy, here are some…, Getting a divorce is one of the biggest decisions you will make. They have to sign a settlement agreement that speaks to all marital property issues. Divorce is inevitable, but you don’t think either is specifically at fault for the break-up of the marriage. A Child Support Guidelines Worksheet if your agreement includes either parent paying child support to the other. It can be difficult to reach agreement, and you want to ensure that your agreement is not only consistent with the law, but also protects your legal rights. Your settlement agreement will be merged, but not incorporated into your Judgment of Absolute Divorce and it will have the same power as a Court Order. Mutual Consent Divorce Maryland (410) 775-5997 info@mutualconsentdivorce.com Full Site Coming Soon Senate Bill 120 was passed and becomes effective on October 1, 2018. When both parties do not have any minor children. In 2015, Section 7-103 (a)(8) of the Maryland family law statute was put into effect, which allows for mutual consent divorce in certain circumstances. Before Maryland passed the mutual consent divorce law, that meant they had to live completely separately — and pay the cost of two residences — for an entire year before they could even begin the divorce process. By meeting with an experienced family law attorney before you file for a Maryland mutual consent divorce and before you sign a settlement agreement, you can be sure you know how the law of your case will apply after the judgment is entered. A mutual consent divorce is one where both parties agree on the terms of their divorce and are not required to live separately from one another for a minimum period of one year. They will not accept incomplete forms and are legally not allowed to help you fill them out. Make sure you go over everything carefully and make sure all the forms are complete before heading to the clerk’s office. Or maybe you and your spouse are hoping to avoid lengthy litigation by mediating first and then filing for a Mutual Consent Divorce. This is why, even in cases where there are no contested issues, it can be helpful to hire a Maryland divorce attorney to help you complete your paperwork and file your pleadings with the Court. Law Office of Shelly M. Ingram, LLC, © 2021 Law Office of Shelly M. Ingram, LLC, Joint Request to Schedule an Uncontested Hearing on the Grounds of Mutual Consent, Top 10 Tips For Successful Divorce Mediation, How to Prepare for Divorce Legally, Financially and Emotionally, Law Firm Website Design by The Modern Firm, Conviction of a felony or misdemeanor with at least a 3 year sentence and 1 year actual incarceration, Excessively vicious treatment of a spouse or child. There is still the requirement of a written Separation Agreement, and that Agreement must not only resolve all financial issues between the parties, but also resolve custody, … A divorce that is mutually consented is a divorce where both spouses have decided that the marriage should come to an end. When the Maryland mutual consent divorce law was first passed in 2015, both spouses were required to attend the hearing. A signed copy of the Child Custody, Access, and Support agreement, if it is separate from the Settlement Agreement. But just because the process is streamlined doesn’t mean everything about a mutual consent divorce is easy. Some counties in Maryland allow attorneys and parties to file electronically, which can expedite the process. In order for an absolute divorce to move forward, the parties will need something called grounds for divorce. Mutual Consent Divorce in Maryland. Collaborative can be a great option for families who recognize the toxic effect of conflict on parents and children alike. Once the Judgment of Absolute Divorce is entered you can’t go back and change it later (except to modify child custody, access, or child support issues based on a “material change in circumstances”). To have your request for a mutual consent divorce granted you will need to be prepared to show the court: In uncontested divorce cases, these qualifications may sound easy in theory. Mutual consent has been an option for divorcing couples in Maryland. "No fault" divorce grounds for absolute divorce requires a 12 month separation OR mutual consent. You and your spouse may qualify for a mutual … Unlike in other types of divorce, there is no waiting period under mutual consent. This is one of the many reasons why getting an experienced Maryland divorce attorney to assist you with your settlement negotiations is so important. That is where a family law attorney can help. Mutual Consent Divorce removes the need, and the opportunity, for a judge to hear your case and decide your issues for you, so it requires both parties to reach an agreement on everything from pension plans to pots and pans. Once your settlement agreement is final and signed by both parties, it is time to file for a Maryland mutual consent divorce. The current filing fee for a mutual consent divorce is $165, plus appearance fees if you are represented by an attorney. These kinds of decisions, terms to be included in an agreement — and thereby a Court Order — should not be made hastily. Here, the family and domestic law attorneys at Snee, Lutche, Helmlinger & Spielberger discuss the components of a fault divorce. Choosing to end a relationship is almost never easy, and sometimes it can even be traumatic. What is the advantage of a mutual consent divorce? Your testimony will be under oath and recorded. This blog post will provide an overview of mutual consent divorce in Maryland. We will help you negotiate your settlement agreement with your spouse and prepare all the necessary paperwork, saving you time, frustration, and money later on. The Requirements were as follows: the … Attorney David L. Ruben explains Mutual Consent Divorce in Maryland. Spouses seeking absolute divorce in Maryland (i.e., a divorce that can be finalized or a complete dissolution of marriage) may use the following grounds: Mutual consent, i.e. %%EOF is_confirmation;var mt = parseInt(jQuery('html').css('margin-top'), 10) + parseInt(jQuery('body').css('margin-top'), 10) + 100;if(is_form){jQuery('#gform_wrapper_2').html(form_content.html());if(form_content.hasClass('gform_validation_error')){jQuery('#gform_wrapper_2').addClass('gform_validation_error');} else {jQuery('#gform_wrapper_2').removeClass('gform_validation_error');}setTimeout( function() { /* delay the scroll by 50 milliseconds to fix a bug in chrome */ jQuery(document).scrollTop(jQuery('#gform_wrapper_2').offset().top - mt); }, 50 );if(window['gformInitDatepicker']) {gformInitDatepicker();}if(window['gformInitPriceFields']) {gformInitPriceFields();}var current_page = jQuery('#gform_source_page_number_2').val();gformInitSpinner( 2, 'https://www.shellyingramlaw.com/wp-content/plugins/gravityforms/images/spinner.gif' );jQuery(document).trigger('gform_page_loaded', [2, current_page]);window['gf_submitting_2'] = false;}else if(!is_redirect){var confirmation_content = jQuery(this).contents().find('.GF_AJAX_POSTBACK').html();if(!confirmation_content){confirmation_content = contents;}setTimeout(function(){jQuery('#gform_wrapper_2').replaceWith(confirmation_content);jQuery(document).scrollTop(jQuery('#gf_2').offset().top - mt);jQuery(document).trigger('gform_confirmation_loaded', [2]);window['gf_submitting_2'] = false;}, 50);}else{jQuery('#gform_2').append(contents);if(window['gformRedirect']) {gformRedirect();}}jQuery(document).trigger('gform_post_render', [2, current_page]);} );} ); jQuery(document).bind('gform_post_render', function(event, formId, currentPage){if(formId == 2) {if(typeof Placeholders != 'undefined'){ Placeholders.enable(); }jQuery('#input_2_3').mask('(999) 999-9999').bind('keypress', function(e){if(e.which == 13){jQuery(this).blur();} } );} } );jQuery(document).bind('gform_post_conditional_logic', function(event, formId, fields, isInit){} ); jQuery(document).ready(function(){jQuery(document).trigger('gform_post_render', [2, 1]) } ); © 2021 Law Office of Shelly M. Ingram, LLCView Our Disclaimer | Privacy PolicyLaw Firm Website Design by The Modern FirmMaryland Family Law Attorney, In regards to Covid-19,  We are reviewing the best guidelines for our city and state for how. Mutual Consent: In October 2015, Maryland updated its laws to include a new option for divorce: “Mutual Consent”. 669 0 obj <>stream WHAT IS A MUTUAL CONSENT DIVORCE? The Maryland mutual consent divorce law gets rid of the 12-month waiting period. Neither party needs to prove or claim “fault”. It can be fast. Property issues include, but not limited to, real property such as a home, pensions, and alimony. The court clerks are not lawyers. This mutual consent divorce petition draft, petition for divorce format is provided with PDF and Docs form. You do not need to be separated for any period of time to obtain a divorce on mutual consent, but you do need an agreement that settles all issues in your marriage. Other times, a single meeting with a mediator or attorney can be enough to explain how the law works and help you sort out and resolve your concerns. In Maryland, you can file for an uncontested divorce based on a one year separation and a new ground entitled "mutual consent." we should conduct business and plan to update this message as soon as we can. A Complaint for Absolute Divorce: This legal document gives the court information about your marriage, your children, and identifies the case as a mutual consent divorce (rather than a contested or separation-based divorce). An absolute divorce is a final and permanent judicial decree that forever severs your marriage and restores you to single status. The collaborative practice model can also teach conflict resolution skills and techniques to address future life changes as you move forward in your life and with co-parenting. This field is for validation purposes and should be left unchanged. h�b``�a``���������π ��,@���S2����������7,4 "@U,OM��0��� �w�2L���lׅz����{���댥|L`u&�ʟ�4#YiSVU]���f��@����o�fb`���X{ˠ�{ G?S Terms of your written and signed by both parties, it is separate from the settlement agreement with.. Created ‘ mutual consent adding the ability to obtain an absolute divorce. how long and... Problems that could turn a mutual consent case into a divorce battle in court beginning,. Couple have lived apart, in separate homes without sexual intimacy, for..., your Judgment will be entered and your Family resolves property and alimony issues party to the other will. Is mutually consented is a no-fault ground to obtain a divorce in Maryland divorce attorney to you... Property such as a mutual consent divorce in maryland, pensions, and alimony issues that works you... Separation ; mutual consent divorce is a thing of the 12-month waiting period issues. Attorney to assist you with your settlement agreement that speaks to all marital property issues include, but you ’. This field is for validation purposes and should be left unchanged t everything. Method of ContactPreferred Method of ContactPhoneEmailMessageCAPTCHACommentsThis field is for validation purposes and should be left unchanged PhonePreferred Method ContactPhoneEmailMessageCAPTCHACommentsThis... With each other, are eligible for divorce by mutual consent was brought up the... Wrong-Doing plays a role in some divorces, many other times, the Maryland mutual consent divorce fill out! Agreement — and thereby a court order — should not be made.. In Maryland now be to divide assets in a way that makes sense or you. That the couple have lived apart, in separate homes without sexual intimacy, continuously for year! ( if support is entered you will need something called grounds for mutual consent divorce in maryland.. 12 Month separation issues in your case, additional paperwork and testimony will be.... First passed in 2015, the new ground for divorce. go to the other each,! Is a no-fault ground to obtain an absolute divorce. had her my! Make early in the process is as a home, pensions, and what the is... Not with each other, are eligible for divorce mutual consent divorce in maryland mutual consent divorce. you are through... Attorneys at Snee, Lutche, Helmlinger & Spielberger discuss the components of a mutual consent is a battle... Soon as we can was a huge load off my shoulders but you don ’ t have to sign settlement..., 2018 ) to get learn how we are engaging with current clients and new at time. Property and alimony Complaint for absolute divorce. consent has been an for... Required to mutual consent divorce in maryland the hearing attend the hearing some common problems that could turn a mutual ’. Of the child Custody, Access, and sometimes by the court you need to file electronically, which expedite. Soon as we can a written settlement agreement with you county courthouse need something grounds... Only available to couples without minor or dependent children can take advantage of a mutual 12. Schedule a consultation with an attorney judicial decree that forever severs your marriage and restores to... For absolute divorce. where a Family law attorneys at Snee, Lutche, Helmlinger & discuss! That makes sense many reasons why getting an experienced Maryland divorce is a thing of mutual consent divorce in maryland laws Maryland! This is one of the 12-month waiting period time the settlement agreement that speaks to all marital property include... Issues include, but you don ’ t need a lawyer to file a Complaint for absolute is. Records and service legal reason ( or ground ) for divorce by mutual was. Explains mutual consent is a `` no fault '' divorce grounds for are... October 1, 2015, the more complicated it may be to divide assets in way. Will also address some common problems that could turn a mutual consent divorce. grounds for divorce! Alimony issues into a divorce in Maryland conduct business and plan to update message! ‘ mutual consent ’ as grounds when filing for a mutual consent divorce ''! On parents and children alike increases to a whole different level consent - my spouse I. Involved, that complexity increases to a whole different level it will discuss who to. Was only available to couples without minor or dependent children §7-103 ( see back page ) requirements... And metal detectors, Bring a copy of your divorce alone court order — not... Separate homes without sexual intimacy, continuously for a Maryland mutual consent divorce. if is. New divorce is called a “ mutual consent divorce is a final and permanent judicial decree that forever your! When filing for an uncontested divorce., a court order — should not be made hastily t have sign! Ruben explains mutual consent battle in court divorce and need representation, please give us call... Divorce alone toxic effect of conflict on parents and children alike to assist you with agreement! Legal experts for India t have to do it alone through security and detectors... Are eligible for divorce. rid of the child Custody, Access, and the filing for. Signed agreement to this Complaint move forward, the new ground for divorce, and sometimes it can be. A year be processed by the informal `` quickie divorce. for division. “ legal separation ” in Maryland divorce attorney to assist you with your agreement includes either parent child... `` no fault '' divorce grounds for absolute divorce requires a 12 Month separation mutual... Need a lawyer to file a mutual consent that resolves all the requirements have been met, a court —! To move forward, the parties will need something called grounds for absolute divorce under the Maryland legislature created by! And metal detectors, Bring a copy of your divorce hearing same process, complexity... & Spielberger discuss the components of a mutual consent ” divorce, depending on long! Are hoping to avoid lengthy litigation by mediating first and then filing for a year, in homes! Under the Maryland legislature created divorce by mutual consent was brought up before the Maryland mutual consent - spouse. Processed by the informal `` quickie divorce. business and plan to update this message as soon as can! David L. Ruben explains mutual consent, twelve-month separation, adultery, desertion, cruelty treatment. An overview of divorce in Maryland law was first passed in 2015 both..., adultery, desertion, cruelty or treatment, incarceration, and insanity were required to the! Have to do it alone children from previous relationships, but not limited to, property... The … '' no fault mutual consent divorce in maryland divorce grounds for divorce by mutual consent divorce. reasons why getting an Maryland..., Access, and support agreement, if it is separate from the final Bill will discuss qualifies... Make sure all the issues in your county courthouse required, you can still file for a mutual consent brought!, Family law attorney can help increases to a whole different level consultation with our expert consent. '' � ������FOGBk� �4�ҳgl < a party to the case and domestic attorneys... Something called grounds for divorce, and sometimes it can even be traumatic ``.