What is a Mutual Consent Divorce?

What is a mutual consent divorce?

A mutual consent divorce does not require you to be separated for any period of time prior to filing for divorce if you meet certain requirements. If you and your spouse have a signed Marital Settlement Agreement that resolves all marital property issues and alimony, you can qualify for a mutual consent divorce. If you have children with your spouse, the agreement must also resolve all issues related to custody, access, and child support. The parties must also include a child support guidelines worksheet. Finally, neither party shall ask the court to set aside the agreement before the divorce hearing. Once the agreement is signed, the parties can file a Complaint for Absolute Divorce and at least one of the parties must attend the uncontested divorce hearing to the court to grant the divorce.

A mutual consent divorce can save parties a lot of time and money if they are able to meet the criteria. It is important to carefully draft, review, and negotiate the Marital Separation Agreement prior to signing it as it is binding once signed. Even if either party wants to challenge a signed agreement and asks the court to set it aside, it is not always guaranteed that the court will as most judges will deem it as a valid contract between the parties. If you have any questions, please feel free to reach us at (443) 741-2567 and we would be happy to assist you.