What you should know about mutual consent divorce in Maryland

Separation and divorce are emotionally and financially difficult for everyone involved. Feelings of grief, helplessness, vulnerability, financial devastation, and lack of control are very typical. The process is generally among the most difficult challenges a person encounters during their lifetime – and it seems to take forever to end.

However, Maryland has recently made some changes that may reduce the time it takes to follow through with a divorce. Keep reading to learn more about mutual consent divorce from a Howard County divorce attorney.

What is mutual consent in a Maryland divorce?

With a mutual consent divorce, there is no waiting period, no need for a trial, and no need for one party to prove fault.

However, there is one drawback. You and your soon-to-be ex must agree on the divorce settlement terms. This includes spousal support, division of marital property, and separating debts. As of 2018, couples with children must also agree on a child custody schedule and child support.

You don’t have to have an attorney to file a mutual divorce petition, but many people feel more secure having the advice of a Maryland divorce lawyer. For a judge to grant a mutual divorce in Maryland, the couple must both sign a written settlement including:

Resolving distribution of marital property, including real estate retirement accounts, and addressing alimony.
Creating a child support, custody, and parenting plan. Maryland courts also require a child support guidelines worksheet to be included with the signed agreement. A judge may modify the terms to ensure they align with the child’s best interests.

Once the documents are submitted, the couple attends a hearing in which they both affirm that they want the divorce and agree to the terms in the written agreement.

Although a mutual consent divorce may seem easy in practice, many couples get bogged down with the details of how the settlement will look. Struggling to reach an agreement is common. If you’re at this point with your spouse, you may wish to consider mediation or another alternative dispute resolution method.

6-month wait

As of October 1, 2023, the separation period for filing for mutual consent divorce in Maryland is reduced from 12 months to six months. You and your spouse can demonstrate that you lived separate and apart, without interruption, for at least six months before filing for divorce.

You can still live under the same roof as your soon-to-be ex-spouse but must pursue separate lives. If your separation is based on a court order, the six-month waiting period typically starts from the date of the order.

This is a significant change for couples who cite “irreconcilable differences” as the reason for divorce. Eliminating the requirement for a reason can make the transition easier, as it may eliminate some of the acrimony that comes with a fault-based divorce.

Either spouse may raise fault-based grounds for the divorce, and Maryland family law courts are still required to consider the reasons for the marriage breakdown when considering questions of property division or spousal support.

A spouse who has been harmed by the other in a domestic violence situation or who suffered financial losses because of the other partner’s moral or financial decisions still has recourse under the law to protect their and their children’s rights.

How long does a mutual consent divorce take in Maryland?

So, what does ” living separately” mean under the new law? Before the 2023 change, spouses planning to divorce must have maintained separate residences. Living under the same roof could “restart” the 12-month countdown and further delay the divorce.

The verbiage of the new law states that spouses who have “pursued separate lives” for at least six months are considered to be living separately and apart, even if they reside at the same location. This makes it easier for spouses to establish that they completed the six-month waiting period.

For example, it’s not uncommon for one or both spouses to be unable to maintain the cost of the family home on their income alone. Or, perhaps each spouse needs the proceeds from selling the family home to move out but must live in the house until it sells.

The new law can facilitate Maryland mutual consent divorces for those who may not have enough cash to establish a separate household.

When you need help fast, call us

Coover Law Firm, LLC is prepared to help you with your separation and divorce issues promptly and efficiently.

Fred L. Coover is a Howard County, MD divorce attorney who has been practicing for over 30 years and can meet with you to discuss your options. Contact Coover Law Firm, LLC at (410) 553-5042 to schedule your initial consultation.

Disclaimer: The information in this blog post is provided for general educational & informational purposes only. It is not intended to convey legal advice or serve as a substitute for legal counsel on any subject matter.