As of October 1, 2015, Maryland has added a new ground for granting an Absolute Divorce.
The court may grant an Absolute Divorce based on mutual consent, if:
- The married parties do not have any minor children- in common;
- Both parties sign and submit a settlement agreement that resolves all issues relating to Alimony and property distribution;
- The settlement agreement must be completed before any hearing;
- Both parties must appear in court for the Divorce hearing;
- Neither party files a pleading to set aside the settlement agreement prior to the hearing.
The mutual consent ground for Divorce will allow both parties to live in the same home while they are filing for Divorce. When filing for a Consent Divorce, the parties involved can cite a ‘no-faults’ ground, which is essentially stating that there is no ‘smoking gun’ for why they no longer want to be married; they just simply do not want to be married any longer. Before this, to obtain a no fault Divorce, parties had to be separated for 12 months before filing for Divorce. This applies to any Divorce filed after October 1, 2015.
Disclaimer: This article is to provide general information only. Nothing on this site should be construed to be legal advice or create an attorney/client relationship. This is not a substitute for legal advice. Remember, every case is different, and you should contact an attorney to discuss your individual legal situation. “Results Matter” at Dolina/Hobbs.