Friday, October 2, 2015

No Fault Divorces in Maryland: Divorce by Mutual Consent

Effective October 1, 2015, Maryland has adopted a no fault ground for divorce in the state.  Maryland residents can now get divorced on the basis of "mutual consent."  The legislature has limited application of this ground for divorce and to qualify for a divorce on the ground of mutual consent, divorcing couples must meet the following requirements:

  • They can have no minor children together;
  • The parties must have already entered into a written separation agreement that resolved all property issues between the parties, including the issue of alimony.
The great benefit to this ground is that parties without minor children no longer have to be living separate and apart in different residences for 12 months in order to get divorced.  It should also significantly reduce the cost of divorce for parties who can resolve their property issues outside of Court.

The Clerk of the Court for Montgomery County has already stated that the Court expects to set hearing dates on complaints filed on the basis of "mutual consent" within 45 days of the date of the filing of the complaint, answer and request for an uncontested divorce hearing. 

For more information on divorce in the State of Maryland, please call my office at (301) 444-4660.

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