A new ground for divorce, called Mutual Consent, became available in Maryland on October 1, 2015. Many grounds for divorce in Maryland require that the divorcing spouses live separate and apart for a year and a day before filing for divorce. The exciting difference of a Mutual Consent divorce is that spouses eligible for a divorce on the grounds of Mutual Consent are not required to live separate and apart for a year and a day, or any other period of time, before seeking a divorce. Many grounds for divorce in Maryland require that the spouse requesting the divorce bring a corroborating witness to the divorce hearing. In Montgomery County, Maryland, a corroborating witness is not needed to obtain a divorce on the grounds of Mutual Consent.
To be eliigible for a divorce on the grounds of Mutual Consent the parties must:
- Not have any minor children in common;
- Submit a written settlement agreement to the Court, signed by both parties that resolves all issues of support, and property;
- Neither party may seek to set aside the written settlement agreement before the divorce hearing and
- Both parties appear at the divorce hearing.
Other changes as of October 1, 2015 include:
- A limited divorce can now be granted on the grounds of a separation. The separation no longer has to be voluntary on the part of both parties, and there no longer has to be no reasonable hope or expectation of a reconcilation.
- The residency requirement for divorce grounds occuring outside the State of Maryland have been reduced. A party may file for divorce after having resided in Maryland for at least 6 months before filing. The residency requirement used to be a year.
(12/14/15)
