Mutual Consent Divorce

Maryland law reccently caught up with the times and allows adults to make the decision to end a marriage to rest squarely on them just as the decision to get hitched in the first place.

Divorce was disfavored by society and hence the law as well. At one point there was a 2 year wait time for those seeking divorce on separation grounds.

As societynorms evovled, someone decided 12 months was long enough for people who wanted a divorce to prove they really really wanted it.

In 2016, someone finally had it and said 6 months is good enough.

Then in 2018, it dawned on our legislators in Annapolis that the 2 adults in the actual marriage are perhaps the best arbiters of if and when they should get divorced.

It came with caveats.

It requires not surprisingly adult behavior such as negotiating and reaching an agreement on all issues between the parties and submitting a written agreement as part of the divorce filing.

Anyone who has gone through a divorce or custody battle will tell you, there is not always an adult on the opposite side.

The requirement that your each an agreement hopefully will drive more amicable divorce and custody agreements as parties take advantage of the power and control the law has given them in determining when the divorce can be filed.

Wit the new law we are a far cry from the wait times of the past. It is a good thing for those who need to end a bad situation sooner than later.

Here is a text of the law.

8)  mutual consent, if:

(i)  the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to:

1.  alimony;

2.  the distribution of property, including the relief provided in §§ 8-205 and 8-208 of this article; and

3.  the care, custody, access, and support of minor or dependent children;

(ii)  the parties attach to the settlement agreement a completed child support guidelines worksheet if the settlement agreement provides for the payment of child support;

(iii)  neither party files a pleading to set aside the settlement agreement prior to the divorce hearing required under the Maryland Rules; and

(iv)  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.

Md. Code Ann., Fam. Law § 7-103