Uncontested Divorce in Maryland How Long Does It Take

Uncontested Divorce in Maryland: How Long Does It Take?

Divorce is never an easy process, both emotionally and legally. However, in some cases, couples are able to reach an agreement on all aspects of their divorce, making it an uncontested divorce. Uncontested divorces are generally quicker and less expensive than contested divorces. If you are considering an uncontested divorce in Maryland, it is important to understand the process and how long it may take. Here, we will provide a comprehensive guide to uncontested divorce in Maryland, including frequently asked questions and their answers.

Uncontested Divorce Process in Maryland:

1. Filing the Petition: The first step in an uncontested divorce is filing a Petition for Divorce with the Circuit Court in the county where you or your spouse resides. Both parties must sign the petition.

2. Waiting Period: After filing, there is a mandatory waiting period of one year before the divorce can be finalized. This waiting period starts from the date of separation.

3. Negotiating the Agreement: During the waiting period, you and your spouse will need to negotiate and reach an agreement on all aspects of the divorce, including division of property, child custody, child support, and alimony. It is advisable to consult with an attorney to ensure that your interests are protected.

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4. Finalizing the Divorce: Once the waiting period is over, you can file a Request for Divorce Hearing. The court will review your agreement and, if approved, grant the divorce.

Frequently Asked Questions:

1. How long does it take to get an uncontested divorce in Maryland?
The time frame for an uncontested divorce in Maryland can vary. On average, it takes about three to four months from filing to finalizing the divorce.

2. Can we get a divorce if we have children?
Yes, you can still obtain an uncontested divorce if you have children. However, you must have a written agreement on child custody, visitation, and support.

3. Do we have to attend court hearings for an uncontested divorce?
In most cases, you will not have to attend a court hearing for an uncontested divorce. The court will review your documents and, if everything is in order, grant the divorce without a hearing.

4. Can we use the same attorney for an uncontested divorce?
No, it is not advisable for both parties to use the same attorney. Each party should seek independent legal advice to ensure their interests are properly represented.

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5. Can we modify the agreement after the divorce is finalized?
Once the divorce is finalized, it can be challenging to modify the agreement. It is important to carefully consider all aspects of the agreement before finalizing the divorce.

6. Do we need to hire an attorney for an uncontested divorce?
While it is not required, it is highly recommended to consult with an attorney during an uncontested divorce. An attorney can guide you through the process, ensure all legal requirements are met, and protect your rights.

7. What if we cannot agree on certain aspects of the divorce?
If you cannot reach an agreement on certain issues, your divorce may become contested. In such cases, it is crucial to seek legal representation to navigate the contested divorce process.

8. Are there any residency requirements for filing for divorce in Maryland?
Yes, either you or your spouse must have lived in Maryland for at least six months before filing for divorce.

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9. Can we still get an uncontested divorce if we are still living together?
Yes, you can still obtain an uncontested divorce even if you are still living together. The key factor is the date of separation, which starts the one-year waiting period.

In conclusion, an uncontested divorce in Maryland can be a relatively quick and straightforward process if both parties are able to reach an agreement on all aspects of the divorce. However, it is important to consult with an attorney to ensure that your rights and interests are protected. By understanding the process and seeking legal guidance, you can navigate an uncontested divorce in Maryland as efficiently as possible.