Uncontested Divorce
There is no such thing as an easy divorce, but when parties have agreed on all of the issues related to dissolving a marriage including division of assets, property, alimony, parental time sharing, custody and child support prior to filing for divorce, filing for uncontested divorce is easier than filing without an agreement.
How to Qualify for an Uncontested Divorce in Maryland
In Maryland, you must satisfy the "grounds" or legal reason for divorce in order to obtain divorce and when parties have a written settlement agreement, signed by both spouses, that outlines the agreement to divorce and divide property and time with the children, parties can proceed with an uncontested divorce through Mutual Consent.
Parties may also file a marital settlement agreement (MSA), a prenuptial agreement or postnuptial agreement that outlines alimony or the waiver of alimony, child support and parenting time, to proceed with an uncontested divorce in Maryland.
Marital Settlement Agreement
An MSA (marital settlement agreement) or separation agreement is a written contract between spouses that outlines the division of businesses, homes, furniture, jewelry and property, retirement and when minor children are in the home, the time split between the parents. The MSA must be filed with the court in uncontested divorces, when all issues regarding the end of the marriage have been resolved by the spouses. The MSA can also include how property is divided or transferred between spouses, when and if there is a buyout of a spouse's interest in property, or if no property will be transferred among spouses. During a marriage, spouses can acquire assets as a couple or individually, including homes, cars, boats, jewelry, stocks, bonds, savings accounts, antiques, furniture or equipment, tools or the like that requires an agreement on how to dispose of or divide between spouses at the time of divorce. If the spouses have minor children together, the Agreement may also include issues related to children or dependents, custody, child support, the division of time that each spouse has with their children, and procedures to follow in the event that there is a dispute. The MSA can also discuss provisions related to spousal support or alimony, division of personal property, life insurance and/or any asset or thing that was acquired during marriage.
Since the MSA is a legally enforceable contract, it's recommended to have an attorney to prepare or review the document with you prior to signing. The attorneys at Jerry Williams Law prepare marital settlement agreements and will review and explain the contents of the MSA so that you are informed of your rights and obligations pursuant to the agreement. To learn more about how we can help you and your family, call us at (410) 415-3617 or click here to tell us about your case.
Filing for Divorce through Mutual Consent
Maryland is a no fault divorce state, but grounds for divorce must be met in order to obtain a final dissolution of the marriage. In the initial pleading for an uncontested divorce, parties must state that the grounds for divorce are through mutual consent. Filing for divorce through Mutual Consent is telling the court that all issues relating to a marriage have been resolved with a formal agreement and that there are no issues for the court to decide except for granting the award of divorce.
If all documents have been provided to the court and the procedural methods have been met, the court will notify the parties of the final divorce hearing for an uncontested divorce proceeding.
Obtain an Uncontested Divorce with Jerry Williams Law
Law office of JERRY WILLIAMS III is conveniently located near the Circuit Court and District Court of Anne Arundel County in Annapolis, Maryland. Our legal team has assisted Maryland families with the preparation and negotiation of marital settlement agreements when proceeding with an uncontested divorce. We can guide you through the process of filing for divorce by mutual consent and secure an award of divorce. If you are looking for an easier approach to divorce, our divorce attorneys are eager to serve you. Contact our office today to set up a consultation.