The Mutual Consent Divorce in Maryland

Prior to 2015, couples in Maryland were required to meet one of the following criteria to qualify for a divorce:  

  • Adultery
  • Desertion 
  • Insanity
  • Conviction of a felony or misdemeanor with at least a 3-year sentence and 1-year of incarceration 
  • Cruelty toward spouse or child
  • or total separation of at least 12 months. 

Requiring a divorce to fit into one of the above categories placed an unnecessary encumbrance on couples that wanted to get divorced quickly but did not necessarily want to allege any wrongdoing of their spouse. Additionally, the requirement of a one-year separation period often unnecessarily dragged out the divorce process making it more stressful and more expensive. 

In 2015 Maryland introduced the Mutual Consent Divorce which allowed couples to submit a settlement agreement and bypass the one-year separation requirement. The downfall was that only couples without children could utilize this process. 

Finally, in 2018 Maryland opened the Mutual Consent Divorce process up to any couple, with or without children, that reached a settlement agreement. 

Mutual Consent Divorce allows couples to submit a separation agreement to the court detailing their plan for separation regarding alimony, distribution of marital assets and debts, and child custody and support, if applicable. 

The process requires the couple submit their separation agreement to the court along with the requisite court forms, have a short hearing in front of a judge, and obtains their divorce decree.  

A Mutual Consent Divorce expedites the divorce process and is comparatively inexpensive. 

Maryland Divorce Mediators is here to help couples through this process. Although the State of Maryland has greatly simplified the requirements and process for divorces, the execution can still be time intensive and daunting. 

Maryland Divorce Mediators offers mediation services to couples who need guidance in reaching a settlement agreement. Our attorney mediators meet with the couple together to help them reach an agreement on all necessary terms. Typically, all issues can be resolved in only one to three session with one of our trained mediators. 

After a couple has reached an agreement on all necessary terms, our attorney mediators will draft a separation agreement. The couple will have a chance to review the agreement, consult an independent attorney if they choose to do so, and discuss any questions they have with their mediator. 

Once a couple has reviewed and signed their separation agreement, they can submit that agreement along with the requisite court forms to the court and be scheduled in for a divorce hearing. 

Once all is said and done, Maryland Divorce Mediators helps couples get divorced more efficiently, and at a fraction of the cost of hiring independent attorneys for the entire divorce process.