How Fast Can I get Divorced?
One of the biggest questions for people in Maryland seeking a divorce is: what is the fastest way they can get divorced?
People can have many different reasons for wanting to get a divorce quickly but for many, many years that was not possible because of the requirements in Maryland for the granting of an absolute divorce (final divorce). For some time, Maryland required a two-year separation period before granting a final divorce. That meant that two people who did not want to be married to one another needed to be living in separate households for two whole years prior to being eligible to be granted a divorce.
The Maryland legislature latered shortened the statutory separation period from two years to one year. That change was roundly well-received in all parts of the state as the two-year separation period was proven to be unnecessary and burdensome.
Now, the State of Maryland allows for the granting of a near instantaneous divorce provided that the two parties involved have a formal written agreement that resolves all issues arising out of their marriage. The parties don’t have to be separated at all, and if their circumstances are such that they need or want to continue to co-habitate, they can. All the parties need to do is file for an uncontested divorce on the grounds of mutual consent and the process will begin.
The grounds of mutual consent require one party to file a complaint attaching the formal written agreement that resolves all issues arising out of their marriage. The filing party does not need to assert a reason for the divorce other than one is desired. The other party needs to file an answer that confirms that they wish for the formal written agreement to become the terms of the divorce. Once the initial paperwork is properly filed and received from the Court, the Court will often issue a notice of an uncontested divorce hearing. Often times these hearings are conducted remotely and last only 15 to 20 minutes.
The uncontested divorce process is extremely simple and designed by the legislature to be as non-adversarial as possible. The parties are required to identify themselves, confirm that they were married to the other party, inform the Court whether children are involved, and present their written agreement. Once the Court confirms that formal written agreement covers all of the issues that need to be addressed, the Court then can issue a final divorce based on the formal written settlement agreement.
If the parties seeking the divorce have their agreement and properly fill out their paperwork, often times this process can be completed and a divorce decree issued within 3 to 4 months time! We have come a long way since the days of a two-year waiting period!
