Not every Maryland divorce results from infidelity, mistreatment or similar circumstances. Sometimes, marriages end because you fell out of love with one another or decided you were better off as friends than romantic partners. When you both agree that the divorce is not the result of anyone’s direct fault, you may be able to save time and money by pursuing something called a “mutual consent” divorce.
Mutual consent gives you grounds for an absolute divorce in Maryland.
Determining eligibility for a mutual consent divorce
If you decide to move forward with a mutual consent divorce, you need to both agree on dissolving your marriage in this manner. You also need to create a settlement agreement that dictates how you plan to handle the same matters you would in a traditional, litigated divorce.
Drafting the mutual consent divorce settlement agreement
In a mutual consent divorce, your settlement agreement should address how you plan to handle custody of any children you share. It should also address whether one of you is going to pay the other child support, and if so, how much. You may use a child support calculation worksheet for this section.
Your settlement agreement must also dictate how you plan to divide marital property in your divorce and whether you or your former partner is going to pay the other support after the marriage ends. Many people in your situation choose to work with an attorney to create and review the settlement agreement. This may prove especially beneficial if your ex already has one.
A mutual consent divorce may help you save money by minimizing fighting and reducing attorney fees. It may also speed up the process because you do not have to wait a predetermined amount of time to disentangle your lives from one another’s.