Montgomery County

Whether or not you have children, you can file for a mutual consent divorce in Montgomery County, Maryland, effective October 1, 2018. In order to be granted your divorce as quickly and efficiently as possible, it is important to properly prepare and file all documents related to your case.

How to File for Mutual Consent Divorce in Montgomery County

There are a few documents you will need to complete to begin your mutual consent divorce. You may find an attorney's assistance necessary. These documents include:

  • A Civil-Domestic Case Information Report: This form includes basic information about your case, including contact information for you and your attorney.
  • A Complaint for Absolute Divorce: This document provides the court with information about your marriage, children, and the grounds for your divorce (in this case, mutual consent), and asks the court to grant you a divorce.
  • A settlement agreement that resolves all issues in the divorce, including property division, spousal support, and child custody, parenting time, and child support if you have minor children together. The settlement agreement must contain a resolution of all issues or you cannot be granted a mutual consent divorce.

Your spouse will have to fill out an Answer to Complaint, as well as his or her own Civil-Domestic Information Report. You must both sign the settlement agreement as well as a Joint Request to Schedule an Uncontested Divorce Hearing on the Grounds of Mutual Consent.

Mutual Consent Divorce Filing Fee and Procedure

Once you have completed and signed all necessary documents, it is time to file them at the Circuit Court Family Department. Bring three copies of each document: one to be filed with the court, and one for both you and your spouse. Bring cash or check only for the filing fee; no credit cards are accepted. As of this writing, the filing fee for mutual consent divorce is $165.

Be certain that all of your paperwork is complete and signed before you try to file it. The clerks who accept your papers for filing will not accept them if they are incomplete, and they are not able to give you any assistance in filling them out. So long as both you and your spouse have signed all of your documents, there is no need to serve your spouse with papers.

Once the papers are filed, the court will schedule a hearing on the divorce within 45 days. The moving party, or the spouse that first files for mutual consent divorce, must be present for the hearing and arrive prepared with a copy of your signed settlement agreement (and child support guidelines worksheet). So long as you both still agree to the signed settlement, and no one has taken any action to have the agreement set aside, your divorce should be granted within three weeks-time.

If you would like to learn more about mutual consent divorce in Maryland, or need assistance completing the required documents, we invite you to contact us at info@mutualconsentdivorce.com. We look forward to working with you.