Generally, divorcing couples in Maryland must be living separate and apart for 12 months before they can intiate divorce proceedings. The separation requirement frustrates many of our clients who want to move on with their lives. Divorcing couples without minor children may not have to meet Maryland’s stringent separation requirement to obtain a divorce.
As of October 1, 2015, Maryland law allows divorcing couples without minor children to divorce by consent. The court can grant an absolute divorce on the new ground of mutual consent if:
- The parties do not have minor children in common;
- The parties submit to the court a written settlement agreement that resolves all issues relating to alimony and the distribution of the marital property; and
- Both parties appear before the court at the divorce hearing.
There is no longer a need to live separate and apart, without cohabitation, for 12 months without interruption before the filing the complaint for divorce.
The law does not apply to divorcing couples with minor children, even if all issues relating to custody, visitation, child support, alimony and the distribution of marital property are resolved by a written settlement agreement.
The law was passed in many ways because of the efforts of Senator Robert A. Zirkin, a Baltimore County Democrat who found it important to offer Maryland residents the opportunity to move on with their lives as soon as possible.
Baltimore Divorce Lawyer, Allyson B. Goldscher, Makes a Divorce Easier
Divorce is hard enough as it is. Let the seasoned Baltimore divorce lawyers at the Law Offices of Allyson B. Goldscher, LLC help guide you through a divorce by consent. If you, a loved one or someone you know is planning on filing for divorce, call us at 443-602-9522 or contact us online.
Our offices are conveniently located in Stevenson, Maryland and we serve clients throughout Baltimore County and Baltimore City.
