In Maryland there is no waiting period for a divorce by mutual consent. The court may decree an absolute divorce on the grounds of mutual consent, if:
- The parties execute and submit to the court a written settlement agreement signed by both parties, that resolves all issues relating to:
- Alimony;
- The distribution of property, including
- The care, custody, access, and support of minor or dependent children;
- The parties attach to the settlement agreement a completed child support guidelines worksheet if the settlement agreement provides for child support;
- Neither party files a pleading to set aside the settlement agreement prior to the divorce hearing required under Maryland Rules; and
- After reviewing the settlement agreement, the court is satisfied that any terms of the agreement relating to minor or dependent children are in the best interests of those children.
Even if you believe your divorce will be contentious, consider raising the idea of a mutual consent divorce before you file in the court. Ideally, each side will be represented by counsel. Negotiating your divorce privately with professionals who understand the risks and potential outcomes of litigation may help strengthen or soften certain positions held before the process started. For example, some parties start out believing they want sole legal custody, but they may not have enough justification to warrant limiting the legal rights of the other parent.
What Happens If We Don’t Agree on Everything?
Consider identifying areas where the parties agree and isolating the issues where the parties are not seeing eye-to-eye. Seek out mediation. Yes, it is an expense. But, so is litigation, and if you file in the court, they will most likely order mediation. Mediation, whether one session or multiple sessions, can help parties settle issues that even once seemed impossible. The benefit is that the parties are jointly agreeing to the terms instead of leaving it to the court to evaluate.
Was My Time Wasted if we Did Not Fully Settle?
Maybe you and your spouse were able to settle some or most issues, but there are still some where you cannot come to an agreement. It could still be worth drafting partial agreements and narrowing the issues before the court. Agree on custody but not distribution of marital assets? Draft a custody agreement. Agree on distribution of property but not custody, draft a Property Settlement Agreement.
If you cannot fully settle all issues, you will need to file for a divorce on the grounds of 6-month separation or irreconcilable differences, and you are starting the litigation process. You can file the fully executed agreements with the court and identify the issues that need to be determined by the court.
Speak to a Maryland attorney before you file for divorce. Understand your options. Consider trying the mutual consent approach. You could always file if communication breaks down.