A mutual consent divorce is a “no fault” ground for absolute divorce in Maryland. If you and your spouse agree that the dissolution of your marriage is in the best interest of both parties, you should seek a mutual consent divorce for a smooth, speedy and amicable resolution.
The court may grant an absolute divorce on the grounds of mutual consent if the following conditions are met:
(i) The parties sign, execute and submit a written settlement agreement to the court that resolves all issues pertaining to (1) alimony; (2) the distribution of property; and (3) the custody, care, visitation and support of any minor children;
(ii) If the parties have any minor children, they must include a completed child support guidelines worksheet to the settlement agreement if the document provides for a child support payment;
(iii) Neither party files a pleading to set aside the settlement agreement prior to the divorce hearing required under the Maryland Rules; and
(iv) The court is satisfied that any terms of the agreement relating to minor or dependent children are in the children’s best interests.
Notably, parties can obtain a divorce on the grounds of mutual consent without being separated. The process of physically separating from your spouse can be an emotionally and financially draining process. By reaching an agreement and pursuing a mutual consent divorce, the parties can approach the separation process on their own terms without needing to separate before pursuing a divorce.
A mutual consent divorce may be the best option for married couples who remain civil towards each other. Reaching a settlement outside of Court removes the need for a Judge to hear your case and decide issues on your behalf. Although removing the stress of the courtroom can serve as an incentive for pursuing a mutual consent divorce, it is wise for both parties to seek legal counsel.
Greenberg Legal Group, LLC is here to help you reach an agreement that is consistent with the law and protects your legal rights and interests. Our firm will educate you on what to expect throughout the divorce process, guide you through the legal issues in your case and advocate for your interests.
Robert Greenberg, Esq. and the law firm of Greenberg Legal Group LLC have extensive experience representing clients in divorce actions. We have helped many clients with both Marital Settlement Agreements and mutual consent divorce proceedings. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 924 – 7717 for further assistance.