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Learn Uncontested Divorce in Maryland
As the name suggests, an uncontested divorce in Maryland is the kind of divorce where both spouses have an agreement on matters such as division of property, alimony, and child custody, without going to trial. In other words, both parties mutually agree to divorce without a contest.
This kind of divorce is usually less expensive, quicker, and less stressful. But that’s the exact opposite of a contested divorce, where spouses cannot agree on the terms of the divorce. As a result, they require a judge to make the final decisions.
In an uncontested divorce, both spouses generally work with a mediator or an attorney to reach an agreement. Once they have agreed on the key issues that need to be solved, they will submit the terms of the agreement to the court for approval. Then, the divorce can be finalized without a trial if the court approves the terms.
What Are the Benefits of an Uncontested Divorce?
An uncontested divorce offers many different benefits, but the most important is peace of mind. It makes the divorce process easy and peaceful, allowing both parties to move on with their lives. That said, let’s take a look at some other advantages of this type of divorce.
An uncontested divorce usually takes less time to complete than a contested divorce. The latter can take months or even years to resolve in court.
In addition, an uncontested divorce is generally less expensive than a contested divorce. This is because it does not require a trial, meaning the less time spent in court, the lower the legal fees.
In an uncontested divorce, both spouses contribute to the outcome. They work together to agree on the terms of the divorce, leading to a more favorable outcome for both parties.
Above all, an uncontested divorce can set the stage for a more positive future relationship between the former spouses, especially if they have children together. By working together to reach an agreement, the spouses can avoid the acrimony and resentment that often accompany a contested divorce.
How to file an uncontested divorce in Md?
Steps to File for an Uncontested Divorce:
- Reach an Agreement with Your Spouse: First, you and your spouse need to agree on everything about the divorce. This includes how you’ll divide things you own, any debts, and if needed, details about alimony (support one spouse might pay to the other). If you have children, you’ll also need to agree on who takes care of them and how child support will work.
- Prepare the Required Documents: You can find the forms you need on the Maryland Courts website. Here are a few key ones you’ll fill out:
- Divorce Complaint Form: This form starts the divorce process.
- Case Information Report: This gives the court details about your situation.
- Marital Settlement Agreement: This is an important document where you write down all the agreements you and your spouse have made about your property, kids, and any support.
- File the Documents with the Circuit Court: Take your completed forms to the Circuit Court in the county where you or your spouse live. You will need to pay a filing fee, which is usually around $165-$200.
- Serve Your Spouse with the Papers: After the court processes your forms, they’ll give you a document called a Writ of Summons. You must officially give this document to your spouse, which lets them know about the divorce. This can be done through a sheriff or a professional server.
- Wait for the Hearing Date: The court will set a date for your hearing, which could be between 30 and 120 days later, depending on how busy they are.
- Attend the Uncontested Divorce Hearing: At the hearing, the judge will look over everything to make sure it’s fair, especially for any children involved. If all is in order, the judge will finalize your divorce.
What to expect at the uncontested divorce hearing?
An uncontested divorce hearing in Maryland, also known as a Mutual Consent Divorce Hearing, should be a fairly straightforward process. Here’s what you can generally expect:
Before the Hearing:
- Bring your important papers: Make sure to bring your marriage certificate, proof that you’ve lived in Maryland for at least six months, and a copy of the agreement you and your spouse have signed about how to handle things after the divorce.
- Deciding on an attorney: You can choose to have a lawyer with you during the hearing. They’re not required, but they can help make sure everything is set and answer any questions you might have.
During the Hearing:
- Who will be there: The hearing will be overseen by a judge or a family law magistrate.
- Talking to the judge: You or your spouse will take an oath to tell the truth and then answer some simple questions. These will be about who you are, your marriage, and your wish to end the marriage.
- Checking your agreement: The judge will look over the agreement you made with your spouse. This is to make sure it follows Maryland law and, if you have children, that it takes care of their needs.
- Finalizing the divorce: If all is well, the judge will officially grant your divorce during this hearing.
After the Hearing:
- Your divorce decree: You’ll receive a final document from the court that officially ends your marriage.
- Length of the hearing: The hearing usually lasts less than 30 minutes.
Why is my uncontested divorce taking so long?
- Court Backlog: Sometimes, there are a lot of cases for the court to handle, and this can slow things down a bit. Your hearing might get scheduled later than hoped because of this.
- Judge Availability: Judges have many cases to look after, not just divorces. Finding a time that works for the judge to see your case can take a little while.
- Complexity of Agreement: If your divorce agreement has a lot of details—like how to split up big assets or plans for taking care of your kids—it might take the judge longer to review everything to make sure it’s fair.
- Incomplete Paperwork: It’s important that all your forms are filled out correctly and completely. Any mistakes or missing info can cause delays, as the court will need the right details to move forward.
How long does an uncontested divorce take?
In Maryland, if you and your spouse agree on the terms, an uncontested divorce can be settled quite quickly, often between 30 and 120 days. The exact time can vary based on how busy the courts are and when the judge is available. If you’re dealing with more complex issues like dividing property or arrangements for children, it could occupy up to a year.
Knowing that Maryland doesn’t have a mandatory waiting period for divorce is important, unlike in all states. This can help simplify the process, making it a bit easier during what’s surely a challenging time.
How much does an uncontested divorce cost in Maryland?
Getting an uncontested divorce is usually much less expensive than a contested one. You’ll typically pay about $165 for court filing fees. Attorney fees can vary, ranging from $1,000 to $5,000, depending on how complex your situation is.
Even though this type of divorce is straightforward, it’s a good idea to work with an attorney to make sure everything is handled properly and fairly, especially if you have significant assets or child custody considerations. It’s important to take care of these details to ensure a smooth process.
When Is an Uncontested Divorce Appropriate?
It is worth mentioning that an uncontested divorce does not fit every situation where spouses want to end their marriage. The need for this kind of divorce will depend on the specifics of that particular case.
Below are some situations where the spouses may need to consider an uncontested divorce.
An uncontested divorce is appropriate when both spouses agree on the terms of the divorce, including the division of property, alimony, and child custody. It is best suited for situations where the spouses can communicate effectively and work together to reach a mutually agreeable resolution.
In marriages that have lasted a relatively short time. There may not be many assets to divide or disputes over alimony, making an uncontested divorce a good option.
Also, if the spouses do not have children together, the divorce process can be simplified given that there would be no issues related to child custody and support to resolve.
An uncontested divorce is also great if both spouses have mutual respect for one another. They can work together to resolve any issues they may have before finalizing the divorce.
If you are considering an uncontested divorce, here is one thing you need to know. This type of divorce does not always guarantee the absence of conflict. In fact, if not done correctly, an uncontested divorce could pave the way for unexpected conflicts in the future. To avoid such a possibility, you should consider speaking with an experienced family law attorney from Divorce With a Plan. We offer a consultation with a divorce lawyer in Maryland to help you navigate this process smoothly. All you need is a consultation with us to ensure your uncontested divorce is handled properly. Reach out to our experienced uncontested divorce lawyer in Maryland for personalized advice and support. You can also reach us by calling (240) 269-3592)