Mutual Consent Divorce FAQs

Maryland first authorized mutual consent divorce in 2015. However, at that time, it was available only to couples who did not have any minor children in common. As of 2018, mutual consent divorce is now available to couples who have minor children together if they meet the other criteria.

Since 2015, when Maryland's mutual consent divorce law was enacted, only couples without minor children in common could qualify for a mutual consent divorce. As of October 1, 2018, couples with minor children may also qualify for mutual consent divorce in Maryland.

In order to obtain a mutual consent divorce, the parties must have a signed settlement agreement. This agreement must resolve all issues relating to the distribution of property and alimony. If there are minor or dependent children, the agreement must also resolve all issues relating to the care, custody, access, and support of those children. The parties seeking the divorce must also attach to their settlement agreement a completed child support guidelines worksheet if the settlement provides for child support to be paid.

So long as neither party files documents with the court before the divorce is granted asking to set aside the settlement agreement, and the court agrees that the terms of the agreement are in the best interests of the minor children, the court will grant the divorce. Mutual consent divorce used to require both parties to be present at the divorce hearing, but that requirement has been eliminated.

Mutual consent divorce is a streamlined process, but it still determines important rights and responsibilities. Your settlement agreement is the law governing your relationship with your ex-spouse and it determines the time you spend with your children and how much child support you must pay or receive.

You are not required to have an attorney, but it is strongly advised. Once the court approves your settlement agreement and finalizes your divorce, you cannot go back and change most terms of the agreement, and it is not easy to change those terms that can be modified. You are far better off investing in the services of an experienced Maryland family law attorney who can help draft your agreement and ensure that it protects your interests in the first place.

The new law took effect on October 1, 2018.

It depends on the court's schedule and how quickly you and your spouse can reach agreement and complete all needed documents, but often as little as 60 days. Maryland now has electronic filing, in all counties (but for, Montgomery County, Prince George’s County, and Baltimore City).  In participating counties, Maryland Electronic Courts (“MDEC”) will allow you to file all pleadings remotely and you pay even be able to participate in a remote uncontested divorce hearings.  MDEC counties are able to process mutual consent divorce filings more quickly.

The best way to determine if you should get a mutual consent divorce is to speak with a Maryland divorce attorney. In general, mutual consent divorce is a good option for people who do not meet any of the other statutory grounds for divorce, such as adultery or desertion, and who do not want to have to "live separate and apart without cohabitation" for twelve months in order to get a divorce.

In Maryland, they may be the same thing. An uncontested divorce is a general term for a divorce in which the parties have resolved all issues and do not need to go to trial. An uncontested divorce, which is not mutual consent requires a twelve month waiting a period. All mutual consent divorces are uncontested, and there is no wait.