When most people think of divorce, they imagine a contentious court battle, in which uncooperative parties intentionally try to make things difficult for each other. Certainly, this happens often. However, not every divorce in Maryland involves such animosity or vindictiveness. No matter how a divorce comes about, the whole ordeal is never what a couple wanted when they exchanged their vows. If you live in Maryland and you and your partner want to file for an uncontested divorce, you would not be the first couple to have questions. Divorce is difficult, and the rules that have to be followed are complex and confusing. Maryland Divorce Law Firms can help you figure out how to proceed with an uncontested divorce in Maryland .
What is an Uncontested Divorce in Maryland?
When two people mutually understand that their romantic relationship has run its course, it is time to separate and move on. Spouses who can come together and agree on various matters related to permanently separating such as how to handle alimony, property division, access to children, and legal costs may be able to obtain an uncontested divorce. When a couple has figured out how to reach a divorce settlement on their own and both parties are on the same page, there is no need for a judge to make these critical decisions.
Who Can File an Uncontested Divorce in Maryland?
There are some actions and qualifications that must occur for the courts to grant you an uncontested divorce in Maryland:
-A written agreement was signed between both partners that detail all issues and divisions between the two parties such as alimony and property.
-A written agreement was signed that resolves all responsibilities related to children.
-Both parties are in full agreement with everything that was signed and continue to support the arrangement when the divorce hearing date comes about.
The agreement you sign with your partner accounts for all of the division of assets as well as how you will parent your children once your divorce is finalized. When your divorce is complete, this agreement will become irrevocable, which is why it is important that you are confident in the decisions you made.
It is common for people to want to get the divorce process over with and just make a clean cut with as little drama as possible. However, it is imperative that the agreement you come to with your ex is also in your best interest. Due to the highly emotional nature of divorce, sometimes the way you feel can impact the decisions you make, and those decisions may ultimately put you at a disadvantage in life. It is also important that the decisions you make are lawful. So, while you can negotiate with your partner by yourself, having a Maryland divorce lawyer in your corner is recommended. Working with a legal professional will make certain that your rights and future are protected as well as ensure that your divorce agreement is legally sound.
How Does Filing for a Contested Divorce in Maryland Work?
- The spouse who is filing for the contested divorce in the circuit court is the plaintiff, and it is their responsibility to file the Complaint for Absolute Divorce and the Civil Domestic Case Information Report.
- The defendant, or the other spouse, will be served the complaint.
- The defendant files an Affidavit of Service once they have received the complaint.
- The defendant has 30 days to file an Answer to the Complaint if they reside in the state of Maryland. Otherwise, out-of-state residents have 60 days to do so. International residents have 90 days.
- The court receives the defendant’s answer and a court date is scheduled.
- The plaintiff must be at the court hearing, while the defendant often does not have to be there if they do not wish to be.
- A judge signs the Judgement of Absolute Divorce.
- The Clerk of Court for the county you reside in will take the Judgment of Absolute Divorce and stamp it.
- In approximately three weeks’ time, you will get the stamped Judgment of Absolute Divorce.
- Your marriage is officially over.
What Happens After Your Maryland Uncontested Divorce is Final?
When your Maryland uncontested divorce is finalized, you are permanently separated from your ex and your marriage is officially over. The terms of your agreement are binding, which means that outside of potential modifications to child support or access, you will not be able to change anything in it. An experienced Maryland divorce attorney can help you avoid possible pitfalls that you could make while you are working through the terms of your agreement with your spouse before your divorce is final. When you are supported by a Maryland uncontested divorce professional, you can be sure that your Judgment of Absolute Divorce as well as your final settlement works for you and does not negatively affect you once the process is completed.
Maryland Divorce Law Firms have the top-rated, most proficient, and experienced Maryland divorce and family law attorneys for each county in Maryland. Maryland Divorce Law Firms can help you understand what your options are when you are facing divorce while providing the highest-quality legal counsel that will best protect your rights. Contact Maryland Divorce Law Firms today to request a consultation.
