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Uncontested Divorce Maryland


How to Get an Uncontested Divorce Maryland

Step 1: Are You Qualified to Get an Uncontested Divorce Maryland?

First, we should start with a definition of what an uncontested divorce Maryland is and what it is not. An uncontested divorce Maryland is one in which both spouses agree to every term of divorce. An uncontested divorce Maryland is not when both spouses both agree to get divorced, nor is it when two spouses with children agree on how their property should be divided and what child custody should look like but not what child support will be. In an uncontested divorce Maryland, both parties agree on everything. In the child support example, that couple’s divorce will end up going to trial if they can’t reach a satisfactory compromise and, by doing so, become an uncontested divorce Maryland.

Now that we know what we’re talking about, we should discuss the requirements for Maryland divorce, certainly a pre-requisite for an uncontested divorce Maryland. One of the spouses must have lived in the state for at least a year before filing, a simple enough residency requirement, and they should file in the county court for the county in which they reside.

Step 2: Initial Filing

Uncontested divorce Maryland proceedings and contested divorce Maryland proceedings both begin the same way, with the filing of a Complaint for Absolute Divorce. This will identify both spouses for the court as well as all other interested parties (such as children) and state the grounds for divorce. Remember, Maryland is a no-fault divorce state. In addition, a Civil-Domestic Information Report about the filing spouse specifically will be filed.

Step 3: Notification

The Complaint for Absolute Divorce will be mailed along with a blank Civil-Domestic Information Report and a Summons to the other spouse, called the Defendant. This should be done by a certified mail service requiring a receipt, as the receipt will tell the Court that the spouse has received notification of the uncontested divorce Maryland. Once the receipt is returned to the Plaintiff, they can file an Affidavit of Service saying the notification has occurred. The Defendant then has 30 days during which they can file an Answer to the Complaint, agreeing to all its claims if this is truly an uncontested divorce Maryland. The couple should file together a Joint Request for an Uncontested Hearing at this time as well.

Step 4: The Long Wait

Maryland actually has one of the longest mandatory wait times before a divorce is granted. Case-in-point: the one-year separation for uncontested divorce Maryland is actually the exceptionally shorter time, as contested divorces need to wait two years. Once that wait time is up, a hearing will be schedule when the following will be required:

• Child Support Guidelines, if there are any children involved

• A Report of Absolute Divorce which will be used by the court as a record

• Witness Identification Information

• A copy of the Marriage License

• The Separation Agreement, listing the terms of divorce

• Submission to Judgment, in which all rights to appeal the court’s judgment are waived

If all this is brought, then the judge should sign the Report of Absolute Divorce and then make the uncontested divorce Maryland final.

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