It is possible to expedite the divorce process through a Mutual Consent Divorce. Under a Mutual Consent Divorce, there is no separation period required under the law and the couple can even be residing together if they wish to obtain one.
So, How Can I File for a Mutual Consent Divorce?
Before you can even file for a Mutual Consent Divorce, you and your spouse must have a written Separation Agreement that resolves all of the issues in the marriage. The agreement must address alimony, distribution of property and the care, custody, access, and support of minor children. Once the agreement is executed, one of the spouses must then file a Complaint for Absolute Divorce on the grounds of Mutual Consent. Then, the other party must file an Answer affirming that they (a) have an agreement; and (b) consent to the divorce. In some cases, to schedule a hearing sooner, the spouses can work together to file both the Complaint and Answer at the same time.
After the Answer has been received, the Court will schedule an uncontested divorce hearing. In most counties, only the moving party needs to appear in court for this type of divorce.
Things to Consider
Mutual Consent Divorce is very specific, and if the court finds that your Agreement does not satisfy the requirements under the law, it has the authority to not grant you a divorce. For this reason, it is recommended that you consult an attorney to make sure that your Agreement and your Court documents are sufficient.
If you have any questions about Mutual Consent Divorce or Separation Agreements, please contact Wasserman Family Law at 410-842-1070 or laurie@wassermanlawoffice.com. We practice in jurisdictions throughout the State of Maryland.