The complaint provides a lot of information about the spouses and their marriage, and it includes a plea from the plaintiff for the court to order certain relief, like granting the divorce or ordering the defendant (the other spouse) to pay alimony. When your divorce paperwork is complete, you’ll need to take it your local circuit courthouse for filing. You’ll need to submit financial information with your fee waiver request. The Uncontested Divorce Hearing Process in Baltimore. Uncontested Divorce Attorneys in Annapolis MD Serving Families Throughout Maryland. An uncontested divorce is an affordable way to dissolve a marriage so that you can get it without the help of a lawyer. If you’re handling your divorce without an attorney, you’re responsible for knowing where to file your papers. Note:  If you are seeking a Mutual Consent Divorce, both parties must attend the hearing. You may be able to access low cost or free legal assistance through Maryland Legal Aid. If you have questions about the legal ramifications of your divorce, you should consider hiring a divorce lawyer. By: Mary Ellen Flynn, Esq. To file for divorce in Maryland, one of the spouses must have lived in Maryland for a least a year if the grounds for divorce occurred outside of Maryland. The plaintiff must appear at the hearing with a witness (not the other spouse) who can testify that the plaintiff has satisfied the residency requirements for a Maryland divorce. The grounds for divorce occurred outside the State of Maryland and I or my spouse have been a resident of the State of Maryland for at least six (6) months prior to the date of the filing of this Complaint. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. See Md. Mistakes in your paperwork could delay your divorce. There is no one-year waiting period for a Mutual Consent Divorce and you do not have to live separate and apart. (15% Discount if you purchase before 12/31/2018 – Use Discount Code MSA15 on check out). If the divorce is uncontested and both parties agree to the terms, then the case will be heard by a Master-Examiner, who will determine whether divorce should be granted. You can claim multiple grounds for divorce when you file. Maryland Divorce Lawyer – Uncontested Divorce. By working with each other to resolve your differences and executing a Marital Separation Agreement, your divorce will become “uncontested” and you will be able to secure you divorce quickly and at the lowest cost. The rules for obtaining an uncontested divorce in Maryland vary slightly from county to county so it’s important to understand the rules where you live. However, if the grounds for divorce arose in Maryland, either spouse may file in … An uncontested divorce takes place when both sides reach an agreement to end their marriage. The judge will sign the final divorce order if it is fair and reasonable and serves the best interests of any children. Grounds for divorce. With this in mind, here a few tips and things to expect at your upcoming Maryland uncontested divorce hearing: The uncontested divorce hearing will take place at the Circuit Court in the county the Complaint for Absolute Divorce was filed (the address can be found on the Hearing Notice you previously received). The defendant will be given an opportunity to … Contact Our Anne Arundel Divorce Attorneys about Your Uncontested Divorce. However, if you select one of these grounds, you’re likely to face an argument with your spouse and your case will be considered “contested” and need to go to trial. To obtain an uncontested divorce in Maryland, the defendant can file an answer which indicates total agreement with the petition and a copy of the written separation agreement showing that both spouses agree on all the important issues in their divorce. Purchase Marital Separation Agreement Only.   For many people seeking a divorce, even with an uncontested divorce, there are a few major issues to consider. After a court issues a JUDGMENT OF ABSOLUTE DIVORCE, you can remarry. If you meet the above residency requirements, you can file your case in the circuit court that’s located in the county where either you or your spouse live, are regularly employed, or have a business. You should type everything on a computer or write or print neatly. A sheriff or private process server will personally hand over the summons and complaint to your spouse and complete an affidavit of service for filing with the court. When you file for an absolute divorce in Maryland, you must give the court a "ground," or legal reason, that you’re seeking a divorce. How to File Mutual Consent Divorce (Fast Facts) Author: Montgomery County Circuit Court Subject: Fast Facts Related to Mutual Consent Divorce Keywords: brochure, fast facts, self-help, divorce, mutual consent, no fault, absolute divorce, uncontested divorce Created Date: 4/28/2017 9:37:56 AM Do Not Sell My Personal Information, handling your divorce without an attorney. However, your divorce could be appealed by your spouse within thirty days after the judgment of divorce is filed with the clerk. A Maryland Uncontested Divorce or “no-fault” divorce is for couples who have decided to end their marriage with no allegations of fault on either spouse. You must file your divorce case in your local circuit court. An uncontested divorce in Maryland is one which involves no contested issues between the parties. It’s important to take your time and work carefully. The first being whether or not you can even get a divorce in the State of Maryland. Guarantee: We offer a 100% refund if you are not satisfied. In Maryland, you can file for an uncontested divorce based on a one year separation and a new ground entitled "mutual consent." The spouses agree on ALL marital issues, such as spousal support/alimony; child support, custody and visitation; and the division of property and debts. The grounds for divorce occurred in the State of Maryland. Having a witness with knowledge of your case may still be useful, but is optional.  This is a person who testifies for you and supports your version of the facts. But you must have an executed Marital Separation Agreement and both parties must attend the divorce hearing in order to a secure a Mutual Consent Divorce. Click on the package you need to register and access the online questionnaire for a Maryland Uncontested Divorce or if you qualify go for a Mutual Consent Divorce. In this situation, spouses work together to come to terms with which they both agree. Nothing on any of the pages of this website, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. A Maryland Uncontested Divorce is the lowest cost way to secure a divorce. It is best to wait thirty (30)days after the date of your divorce judgment before you marry someone else. This article explains the process for obtaining an uncontested divorce in Maryland. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. For an uncontested divorce in Maryland, both parties must agree on everything. While each divorce case is different, uncontested divorces in Maryland can usually be completed in approximately three months. When you’re ready to move forward, simply pay by credit card and submit the questionnaire to our firm. Copyright, Granat Legal Services L.L.C. 2019, All Rights Reserved. In Maryland, a divorce decree can, and usually will, cover alimony, custody, child support, division of property, and the use of last names. See if you qualify for a Mutual Consent Divorce? The court will issue a summons, create a case file, assign a number to the case, and charge a filing fee. These packages include a Marital Separation Agreement. Most Maryland family law court forms are in this index. Disobeying a court order can lead to fines and potential jail time. An attorney/client relationship cannot be created before the firm has accepted the representation and confirmed the representation in writing.  This Web Site may be considered to constitute advertising under Rule 7.2 of the Maryland Code of Professional Conduct and other state rules. The witness gives his/her testimony based on the facts he/she saw or heard. In some cases, both parties to the marriage come to this decision together. An uncontested divorce simply means that both spouses agree on all the key terms of the divorce. Note that effective October 1, 2018 you can secure what is known as a “Mutual Consent Divorce” whether or not you have children. When the judge issues your absolute divorce decree, you will be required to follow it. This is a temporary arrangement while the divorce proceedings are ongoing. If you and your spouse have an uncontested case that is ripe for testimony, the following courts are accepting new filings and may be able to hear your case now: Once the paperwork has been filed, the plaintiff should write to the clerk of court to request an uncontested hearing date. 301-563-6685 Email: meflynn@a-f.net As of October 1, 2018, this applies even if you have minor children in common. If you want to respond to a divorce case that your spouse has opened, use the Answer and, if necessary, a Counter-Complaint for Absolute Divorce or Limited Divorce . A Maryland Uncontested Divorce or a Mutual Consent Divorce, which is also an Uncontested Divorce, is the best way to end your marriage and get on with your lives. Selecting this separation option, rather than assigning fault, might work best if you and your spouse are trying to work through legal issues together. No representation is intended to be made that Richard Granat “specializes” in a particular area of law (although he does focus and concentrate on Maryland family law). If the grounds for the divorce occurred within Maryland, then there is no residency requirement except that you or your spouse must be currently living in Maryland. The new law combines the 12-month voluntary separation, You have an executed Marital Separation Agreement and both parties can attend the hearing then you can secure a. If you want the court to grant you a complete dissolution (ending) of a marriage in Maryland, you are asking the court to grant you an absolute divorce. The Department of Juvenile and Family Services offers the forms online at no cost. At the hearing for Absolute Divorce, you will no longer need a corroborative witness.  While a witness is no longer required to testify at a divorce hearing in Maryland, you will still need to testify as to the circumstances of your case. An uncontested divorce is when both spouses (a) agree to get divorced and (b) agree on the terms of the divorce. Tax exemptions and deductions. We use cookies to ensure that we give you the best experience on our website. Dealing with all of the legalities while going through such an emotionally draining time can be confusing and stressful. support@mdfamilylawyer.com Maryland recognizes a number of fault-based grounds, including adultery, desertion, felony conviction, insanity, and cruelty to a spouse or child. The Maryland Courts offer online divorce forms at no cost. Attorney Richard S. Granat is responsible for the content of this website. Code, Family Code, § 7-103 (2020). A Maryland Uncontested Divorce or “no-fault” divorce is for couples who have decided to end their marriage with no allegations of fault on either spouse. 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