Per Maryland divorce law, a party seeking divorce can either file fault-based or no-fault based divorce claims. In either case, the divorce case itself will either be resolved as an uncontested or contested matter. In short, an uncontested divorce occurs when both parties, regardless of whether the divorce is filed as a fault-based or no-fault based action, agree to the terms of the divorce, without requiring the courts to make the final decision on how to resolve these matters. Commonly, issues or areas of dispute include items such as child custody, continuing payment for child support, division of property, division of debts, and spousal support payments. In essence, if all of these and other applicable issues in a given divorce are agreed upon by both spouses, the parties and their legal counsel will prepare and file documentation with the courts outlining the nature of the divorce settlement. Pending court approval, these pre-negotiated terms will become the future conditions of the divorce agreement, subject to contempt of court violations, if not adhered to by either party.
Residency Requirements for Filing Divorce in Maryland
In order to be eligible to file for divorce in Maryland, at least one of the parties involved must have been a resident of the state of Maryland for a period of no less than one year prior to the initial divorce filing. Certain exemptions to this residency requirement do exist for military service members stationed in Maryland.
Grounds for No-Fault Divorce in Maryland
In order to obtain a no-fault based divorce, the divorcing parties must have mutually agreed to voluntarily live separately for a period one (1) year, or for a period of two (2) years, without mutual agreement between both parties. During this time, tentative arrangements for future divorce can be made, including arrangements relating to child custody, child support, and temporary alimony, among other case-specific considerations.
Getting Legal Help with Uncontested Divorce in Maryland
The road to an uncontested divorce in Maryland does differ slightly from other states; however, the basic ideas behind obtaining an uncontested divorce remain the same. Having legal counsel, specifically dedicated legal counsel representing the individual interests of each spouse, is highly advisable. A number of long-term decisions must be made, with both parties interests at stake. For more information on how to ensure your legal rights and options under Maryland divorce laws, consult with a Maryland divorce lawyer to learn more about the uncontested divorce process, and how it applies to your specific case.
