In order to be an uncontested divorce, the parties determine to resolve all issues and terminate the marriage amicably. You and your spouse must agree all the essential terms in writing with regards to your divorce and a marital separation agreement is signed by both of you. There is less court intervention if that is the case. The court will review the documents and have a short hearing and approves the items in the marital separation agreement. In the uncontested divorce, you will pay less in attorneys’ fees and other expenses with regards to an uncontested divorce.No-Fault Divorce Involving Children for an Uncontested Divorce
The parties have children born to the marriage. They can still request from the court a no-fault, uncontested divorce Frederick, Montgomery, Washington, and Carroll Counties and remaining parts of Maryland. The parties negotiate the terms of the marital separation agreement. The following items would be involved:
- Property and debt division;
- Alimony payments;
- Child custody and access to the child;
- Child support payments;
- Any other important issues regarding the marriage.
You or your spouse must be a resident of the State of Maryland in order to file for divorce here in Maryland. There is a six months residency requirement.No-Fault Divorce Eligibility
Many uncontested divorces are no-fault divorces. However, you can request an uncontested divorce based on fault, but it is very rare. The parties have been separated for at least 12 months before you can file for a no-fault divorce. No one can waive this waiting period. A person can file a limited divorce if they circumstances do not meet the 12 months separation period. Contact the Soubra Law Firm to discuss your option regarding an uncontested divorce. The Firm can help you with your need to structure the divorce, so it can meet your family’s needs.Divorce Based on Mutual Consent
Divorce based on mutual consent is new law that was passed recently in which parties can be awarded a divorce if they have marital separation agreement in writing, signed by the parties, and all issues are resolved.
For a divorce based on mutual consent, spouses do not have to wait 12 months for the requirement of the separation period. On the other hand, one of the spouses must meet the residency requirement.
Your divorce attorney can draft a marital separation agreement and file it with the court. Both parties should attend a brief hearing. After the parties attend the hearing, the separation agreement is incorporated into your judgment of absolute divorce which makes it legally binding upon the parties. If you qualify for a divorce based on mutual consent, contact us for help, so we can file a divorce complaint and write the separation agreement for you and file the separation agreement with the court.Is a Lawyer Needed for Uncontested Divorce?
It is in your best interest to have an experienced divorce attorney. There is more than just filing paperwork. You have to determine:
- Alimony payment with regards to amount and duration if any;
- Access to the child; how should parenting time be divided up between the parents if any;
- Child Support payment to the children if any;
- Property division between the parties like real properties, personal properties, and/or assets if any.
If you are not represented by an attorney, you can incur costly error. An attorney can help you through the process where it can be amicably and civilly. You can contact the Soubra Law Firm at 301-219-5038 with regards to your uncontested divorce.