Grounds for Divorce – “Mutual Consent”

Effective October 1, 2015, Family Law Article §7–103 will be amended to include the ground of “Mutual Consent.”

A couple will be able to qualify for an absolute divorce by “mutual consent” if the following four conditions are met:

  1. They have no minor children in common;
  2. They have a signed, written settlement agreement covering both alimony and property rights that they submit to the Court;
  3. Neither party has asked the Court to set aside their written settlement agreement; and
  4. They both appear at the uncontested divorce hearing.

To assist in the prompt scheduling of these matters the Circuit Court has instituted the following procedure:

Upon the filing of:

  • A Complaint for Absolute Divorce on the Ground of Mutual Consent.
  • An Answer to the Complaint for Absolute Divorce on the Ground of Mutual Consent.
  • A written Settlement Agreement or Acknowledgement that the parties have resolved all alimony and property rights. (Signed by both parties.)
  • A Joint Request to Schedule an Uncontested Divorce Hearing on the Grounds of Mutual Consent.

The court will schedule these matters on an uncontested docket in approximately forty-five (45) days.

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