Who Qualifies for Mutual Consent Divorce in Maryland?

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.