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New Maryland Ground For Divorce : " Mutual Consent"
Effective October 1st, 2015, a new ground for divorce in Maryland went into effect : divorce by "mutual consent". There are four( 4) fundamental pre-conditions for this new ground for an absolute divorce in Maryland :
(1) The parties must have no minor children in common;
(2) The parties have a signed, written settlement agreement covering both alimony and marital property rights that they must submit to the Court;
(3) Neither party asks the Court to set aside their written settlement agreement; and
(4) They both appear in person at the uncontested divorce hearing.
Separation Before Filing For Divorce Not Required
It is very significant that this new "no fault" ground for divorce does not require the couple/parties to be separated for any period of time before filing for the divorce. Previously, the law required at least a one-year separation period by the parties.
Advantages of the New Ground
The new ground of "mutual consent" for absolute divorce allows couples to continue to live in the same household while they negotiate a settlement of the issues posed by their anticipated split-up, without delaying the date they can ultimately seek a divorce on no-fault grounds.
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