Uncontested Divorce
In Maryland, whether you want a limited or an absolute divorce, if you file for divorce based on “voluntary separation” there are some important things that you have to say when you file your complaint:
- “Voluntary” usually means that you both agree that the marriage is over and usually requires that your agreement on that, as well as all of the important things the court would have to decide is contained in a written marital settlement agreement that meets all of the requirements of a contract under Maryland law. If you file for divorce based on a “voluntary” separation, you need to attach a copy of the marital separation agreement to your complaint;
- “Separation” means that you are living under separate roofs, not in separate bedrooms for the entire period of separation. The Maryland legislature is considering changing the law about this requirement but for now, the requirement of living under separate roofs remains.
- “Without cohabitation” means that you cannot have had marital relations with your spouse at all during the separation period. That’s a polite way of saying, uh, “sex.” The point is, once you’ve separated from your spouse and made a clear break, don’t muck it up, emotionally or legally, by engaging in “marital relations” with your spouse.
Once you and your spouse have filed all the right papers, the court will schedule an “uncontested” divorce hearing. This may not be as simple as you think. Maryland has no “paper” divorces, where you just file the right documents and the court grants a divorce. Not only do you have to swear to the three things above in the complaint you file, both you and a corroborating witness have to swear to them in a short hearing in court. In other words, even if you agree on everything, there is no avoiding a court appearance. At that hearing, both you and your witness must swear to certain things (some of which are listed here). In addition, some counties in Maryland require you to have a copy — or even a certified copy — of your marriage certificate with you at your uncontested divorce hearing.
If you have questions about what is involved in an “uncontested” Maryland divorce, contact us today to arrange an appointment.