Although going through a divorce is often unpleasant, an uncontested divorce can be less stressful. An uncontested divorce, also known as a “mutual consent” divorce, is one in which there are no disagreements between the spouses over any issues concerning the separation, such as how assets are divided, alimony (spousal support), and child custody or support. These divorces can also typically be finalized in much less time. As with a contested divorce, this process typically begins with the filing of a document called a “petition.” The experienced family law attorneys at Milstein Siegel are here to assist you through the uncontested divorce process.
Grounds For An Uncontested Divorce
There are two types of reasons for an uncontested divorce: fault and no-fault. Depending on the state, fault-based grounds vary, although they typically include behavior such as domestic violence, substance abuse, incompetence, or adultery. Maryland requires proof that your spouse acted in a particular manner when filing for a fault-based uncontested divorce.
Meanwhile, no-fault grounds provide spouses with a more civil way to end their marriage.
Benefits Of An Uncontested Divorce
Uncontested divorces are typically less difficult to finalize than contested divorces because couples are able to end their marriage without having to go through endless court hearings and negotiations. Therefore, you will likely pay fewer legal fees during an uncontested divorce. If you have children, an uncontested divorce can also help you focus more on co-parenting. The cost to file an uncontested divorce is typically about $215 in Maryland.
In most cases, spouses can file for an uncontested divorce in Maryland after being separated for at least twelve months. These requirements can be waived however if the spouses do not have any common children that are minors and if there is a signed settlement agreement which resolves any potential issues regarding alimony and property.
Uncontested Divorce Legal Services
To help you get through an uncontested divorce, an experienced Maryland family law attorney can provide the following services:
Mediation
If you wish to proceed with your uncontested divorce but are struggling to communicate with your former spouse, you may want to consider taking part in mediation. This is a voluntary process that involves an impartial third-party individual facilitating a discussion between two spouses.
The goal of mediation is to reach an agreement on divorce-related issues. If you and your ex agree, the mediator will prepare an agreement and deliver it to the court so that the judge can sign it. Any outstanding issues you have would then be resolved through the judge.
Settlement Documentation
An experienced divorce attorney can also help ensure that your divorce settlement is correctly recorded. If you decide to document your settlement on your own, you may end up frequently returning to court to resolve outstanding issues.
Speak To The Experienced Uncontested Divorce Attorneys
Reach out to the experienced family law attorneys at Milstein Siegel in Ellicott City, Maryland for more information on uncontested divorces. Our firm is led by attorney, Harry B. Siegel, who has provided Maryland residents with comprehensive family law services for over 30 years. We understand the toll that a divorce can take on a couple, especially one with children, and are thus dedicated to guiding families through every step of the process.
If you’re going through an uncontested divorce, we can assist you by providing services such as mediation and settlement documentation. If you have children, we can also help you resolve any challenges related to child support. Our attorneys are also highly knowledgeable about Maryland divorce laws, which state that in cases involving an uncontested divorce, both spouses are required to possess a written Separation Agreement that outlines a fair division of assets and terms for support and custody of underage children (if any). Maryland also requires proof of grounds for divorce.
Call Milstein Siegel today at (443) 230-4674 or contact us online to request a consultation with one of our attorneys or to learn more about our services.