Uncontested Divorce in Maryland

• How to know if you qualify for Mutual Consent divorce in Maryland
• How should you start?
• What does the uncontested process look like in Maryland?

No divorce is easy, but an uncontested divorce is much easier to navigate than a contested one. In an uncontested divorce, you both agree on all aspects of your divorce settlement. In other words, you agree on how your property and debt should be divided, how child custody and care should be managed, and what type of support payments, if any, should be exchanged after the divorce.

If the two of you agree on these matters, the process will move along uninhibited. In Maryland, the court will hold a hearing and then, upon approval of your paperwork, give you a divorce decree.

How to know if you qualify for a Mutual Consent divorce in Maryland

Agreement on settlement issues

An uncontested divorce in Maryland is often referred to as a Mutual Consent divorce. You and your spouse must agree on all issues related to your divorce settlement to qualify for a Mutual Consent divorce. 

What if you are “mostly agreed?” That is, what if you agree on most, but not all, settlement issues?

Fortunately, with help from a divorce mediator, you may still be able to get a Mutual Consent divorce. A mediator’s job is to help you get from a point of partial agreement to a point of full agreement. You can hire this person to work with the two of you on conflict resolution.

There is a fee to work with a divorce mediator, but it is lower than a divorce attorney’s retainer. If the two of you are willing to roll up your sleeves and negotiate, you could save money by hiring a divorce mediator to help you with your sticking points. 

Residency requirements

You must satisfy a state residency requirement for the state to have jurisdiction over your divorce. Maryland’s requirement is less stringent than that of some other states. As long as one of you lives in Maryland at the time of filing, Maryland will have jurisdiction over your divorce. However, there’s an exception to this rule.

If the underlying reason behind your divorce – officially known as your grounds for divorce – has to do with an event that took place outside of Maryland, the residency requirement is different. In that case, one of you must have lived in Maryland for at least six months before divorce your paperwork can be filed.

So, if you were living outside of Maryland when an event or discussion occurred that resulted in your desire for divorce, one of you will need to meet the six-month residency requirement.

Separation requirement

Some states require spouses to be separated before they can get divorced. Maryland is not one of those states. 

You don’t have to prove to the court that the two of you lived apart for a certain period before they will grant you a divorce. However, if the two of you have been separated for six months or more, you have the option of using your separation as grounds for divorce. 

Who is the Plaintiff? Who is the Defendant?

In Maryland, the person who petitions for divorce is known as the Plaintiff. The other spouse is known as the Defendant.

What are the grounds for divorce in Maryland?

Maryland is a no-fault divorce state. This means you are not required by law to formally assign blame to one spouse for the divorce.

For example, in Maryland, one member of a divorcing couple might have committed adultery. Even so, you do not have the option of claiming adultery as your grounds for divorce in Maryland. Instead, you may claim irreconcilable differences, mutual consent (if you’re in total agreement on your settlement), or a six-month separation, if that applies. 

Contrast this to the state of Texas, where adultery is indeed one of the grounds a person can assert for divorce.

Here’s a quick summary of the possible grounds for divorce in Maryland:

• You could state that your marriage has broken down due to irreconcilable differences. 
• You could say that you want a mutual consent divorce – a no-fault divorce – in which both of you agree on all aspects of a proposed divorce settlement.
• You could state that you have been separated for a minimum of six months and therefore want a divorce. 

How should you start?

If you are the Plaintiff, your first formal task is to file paperwork with the court. This includes a Complaint for Absolute Divorce (CC-DR-020). Form CC-DR-020 is quite elaborate, so you will want to spend some time thinking about and discussing it with your spouse first.

You will need to file a Civil Domestic Information Report (CC-DCM-001) and, because this is a Mutual Consent divorce, a Marital (Marriage) Settlement Agreement (CC-DR-116). If you’re not ready to do this yet, see the next section in this article on collaboration.

Additional paperwork will also be required. The specifics depend on your circumstances. For example, if you share children with your spouse, there are parenting-related forms to fill out. You can figure out what paperwork needs to be filed by consulting this webpage on divorce provided by the Maryland courts.

Negotiation

As mentioned, in a Mutual Consent divorce, you will fill out and submit a Marital (Marriage) Settlement Agreement (CC-DR-116) with your divorce paperwork.

If you click on the link to the Marital Settlement Agreement above, you will see that the document calls for highly specific information about what each of you will get in the divorce, who will pay child support and how much, and who (if anyone) will pay alimony and how much.

Divorcing couples don’t intuitively know the answers to these questions until they discuss them. You will likely need to negotiate with one another to come up with the answers. This can be tough when you’re getting divorced, but again, it can save you both time, stress, and money.

Here are some helpful Hello Divorce resources on spousal negotiation:

• What Are Divorce Negotiations?
• Askers vs. Guessers: The Power of Understanding Each Negotiation Style
• Download: What to Include in Your Settlement Agreement

Mediation

You could hire a divorce mediator to help you make these big decisions together. Mediation may sound intimidating, but with the right mediator, you’ll feel at ease and empowered to work productively to find settlement solutions you can both accept.

Hiring a divorce mediator costs money, but as we’ve mentioned, litigating your divorce in court costs a lot more money. 

At Hello Divorce, we have mediators who work with clients in every state. Our mediators charge a flat rate, which you can read about here. Your mediator can work with you virtually (via Zoom or the phone). You don’t have to be in the same virtual “room” with your spouse while meditating.

Hiring lawyers

If mediation proves unsuccessful, you still might need to hire a divorce lawyer. When you work with a divorce lawyer, the entire cost is unknown. You don’t know yet how much billable time you’ll be spending with them to finalize your settlement agreement.

If you need legal advice but want to represent yourself in court, consider getting legal coaching instead of legal representation. At Hello Divorce, we offer this service. You can meet online or over the phone with an attorney for a minimum of 30 minutes to discuss your case and get their professional input.

What does the uncontested process look like in Maryland?

1. Find your court

You will need to file paperwork with a Maryland circuit court. Choose the circuit court in the county where you live or where your spouse lives.

2. Fill out and file forms

To get a mutual consent divorce, you will need to fill out the following three forms:

• Complaint for Absolute Divorce (CC-DR-020)
• Civil Domestic Information Report (CC-DCM-001)
• Marital (Marriage) Settlement Agreement (CC-DR-116)

There may be other forms to fill out as well, such as financial disclosures and forms regarding your future co-parenting arrangement. We refer you back to this page, where you can read about possible forms that apply to you.

A note about sharing financial information

You are required by the state to share your financial information with your spouse when getting divorced. The reason: Full financial disclosure helps promote a fair distribution of assets and debts.

Sometimes, spouses who are getting divorced try to hide assets from one another to keep them for themselves. By requiring financial disclosure, the state helps prevent this type of dishonesty. 

Maryland financial disclosure forms:

• General Financial Statement Form 
• Financial Statement with Child Support Guidelines

Be as honest as possible in your financial disclosures. Omitting information or misrepresenting yourself could work against you.

If you need help figuring this out, consider working with a certified divorce financial advisor, or CDFA. This person can help you get a clear picture of your current financial situation and also help you plan for your financial future.

Read: What Is a Certified Divorce Financial Analyst?

3. Pay filing fee

You will need to pay a filing fee when you submit your court forms. In Maryland, the fee for most people is $165. 

If that poses a hardship, you may be able to apply for a fee waiver. 

See the Maryland Court webpage titled Filing Fee Waivers to learn how to request a waiver.

4. Serve your divorce papers

Formal service of your divorce papers to the Defendant, your spouse, is required in a Maryland divorce. This is true even if you’re getting an uncontested divorce. Why? The court needs legal proof that your spouse is aware of the pending divorce. Formal service creates a record that can be used to prove your spouse was notified. 

Formal service is known as “Service of Process.” 

As the Plaintiff, you must have your complaint and other paperwork delivered to your spouse by an adult third party. This could be a local sheriff, a friend, or a professional process server. Note that you would have to pay a sheriff or professional process server for their service.

After your server delivers the papers to your spouse, they must complete an Affidavit of Service and submit it to the court. This proves that they did what they were supposed to do: They served all the correct divorce papers upon your spouse.

Here are links to two possible Affidavits of Service you might need:

• Affidavit of Service for Hand Delivery/Private Process
• Affidavit of Service for Certified Mail

5. Attend a hearing

The court will not finalize your Mutual Consent divorce until at least one of you attends a mandatory hearing. At this hearing, the court will verify that you meet any pertinent residency requirements and that you both are still willing to proceed with the divorce.

They will also scrutinize the details of your proposed marital settlement agreement. If they deem your agreement to be fair, your divorce will be granted.

References