When you and your spouse agree to end the marriage, one of the first practical questions is how long the process will take. Maryland overhauled its divorce law in 2023, so advice based on the old waiting periods and fault grounds no longer tells the whole story.
Revised grounds reduce delay
The state now recognizes three grounds for absolute divorce: six-month separation, irreconcilable differences and mutual consent. The law no longer uses fault-based grounds such as adultery, so a spouse does not need to prove marital misconduct simply to establish a ground for divorce.
The separation period also fell from 12 months to six. Spouses may complete that period while living together even if they choose to pursue separate lives, but the full six months must pass before filing on that ground. After the complaint is filed, the case still must move through service and a court hearing, so the court’s schedule continues to affect when the divorce becomes final.
Mutual consent streamlines the process
Mutual consent offers a faster route when you and your spouse has already resolved certain issues. To use this ground, you must meet three main requirements:
- Both spouses have signed a written settlement agreement resolving all marital issues, with a child support guidelines worksheet attached when required
- Neither spouse has filed a pleading to set aside the agreement before the hearing
- The court finds that any terms concerning minor or dependent children serve their best interests
Because no waiting period applies, the court may set the hearing once the complaint and agreement are on file, although at least one spouse must attend and testify under oath.
Complete agreements reduce disputes
For mutual consent to keep your divorce moving, the settlement must resolve alimony, property division and the care, custody, access and support of any minor, dependent children. If one of those issues remains unsettled, you cannot proceed on that ground.
You also need to state clearly what you and your spouse have agreed to do. Simply naming the marital home, a retirement account or a debt leaves room for disagreement if the settlement does not explain who receives the asset or takes responsibility for the obligation. Clear terms reduce the risk of further disputes over what the agreement requires.
Legal review protects interests
Before you sign or file the agreement, an attorney can compare its property terms with your financial records and inventory of marital assets. This step helps uncover an omitted pension, account, vehicle or debt and resolve gaps in how those items are divided or assigned.
Some assets also require additional steps beyond the written settlement. Dividing a pension or retirement plan, for example, may require a separate domestic relations order that follows the plan’s rules. Identifying those requirements early helps ensure the property division works as intended after the divorce.