Mutual Consent Divorce

Mutual consent divorce has a relatively recent history in Maryland. Until 2015, there were only seven grounds for divorce in Maryland:

  • adultery;
  • desertion;
  • conviction of a felony or a misdemeanor, with a sentence of at least three years, at least one of which had been served;
  • separation of at least twelve months during which the couple lived separate and apart, without interruption;
  • insanity;
  • cruelty toward spouse or child;
  • excessively vicious treatment toward spouse or child.

The only one of these grounds which did not require some level of fault or illness is the twelve month separation. Many couples who knew that they needed a divorce were still forced to file on the basis of twelve month separation, which dragged the divorce process out for a year or more, and forced spouses to maintain separate households. Many people that could not afford to support separate households were unable to divorce.

2015: Introduction of Mutual Consent Divorce in Maryland

In 2015, the Maryland legislature introduced a new ground for divorce: mutual consent. Mutual Consent laws allow couples, who qualify, to obtain a no wait divorce. Originally, in order to qualify for a mutual consent divorce, couples needed to meet the following criteria:

  • no minor children in common;
  • a written settlement agreement that resolves all issues relating to alimony and property distribution, and signed by both spouses;
  • neither party asks the court to set aside the settlement agreement before the divorce hearing; and
  • both parties appear at the divorce hearing.

The mutual consent divorce law expedited the divorce process for many couples without children, and allowed them to move on with their lives – sometimes in as little as two months. Couples with minor children, however, were still required to divorce using one of the other seven grounds set forth in Maryland law.

2018: Mutual Consent Divorce for Parents in Maryland

In 2018, the Maryland legislature updated the state's divorce law to allow parents who have minor children in common to also obtain a mutual consent divorce. In addition, the requirement that both parties appear at the divorce hearing was eliminated, further simplifying the process. The updated law took effect on October 1, 2018.

Parents of minor or dependent children who want a Maryland mutual consent divorce must still submit a written settlement agreement to the court, and that settlement agreement must not only resolve property and alimony issues, but all issues relating to the care, custody, access and support of the children. If the written agreement provides for child support, the parties must also attach a completed child support guidelines worksheet to the written settlement agreement.

If neither party asks the court to set aside the settlement agreement prior to the divorce being granted, and if the court finds that the terms of the settlement agreement are in the best interests of the minor children, the court will grant the couple a mutual consent divorce. No need to live apart prior to the divorce, no need to wait twelve months.

We are excited to bring this development to the attention of Maryland residents who want to divorce in the most timely and agreeable way possible. If you would like to learn more about mutual consent divorce in Maryland, we invite you to contact our office at info@mutualconsentdivorce.com to find out more about how our collaborative attorneys and mediators can provide you with further assistance. We look forward to working with you.