Effective October 1, 2015, Family Law Article §7–103 will be amended to include the ground of “Mutual Consent.”
A couple will be able to qualify for an absolute divorce by “mutual consent” if the following four conditions are met:
- They have no minor children in common;
- They have a signed, written settlement agreement covering both alimony and property rights that they submit to the Court;
- Neither party has asked the Court to set aside their written settlement agreement; and
- They both appear at the uncontested divorce hearing.
To assist in the prompt scheduling of these matters the Circuit Court has instituted the following procedure:
Upon the filing of:
- A Complaint for Absolute Divorce on the Ground of Mutual Consent.
- An Answer to the Complaint for Absolute Divorce on the Ground of Mutual Consent.
- A written Settlement Agreement or Acknowledgement that the parties have resolved all alimony and property rights. (Signed by both parties.)
- A Joint Request to Schedule an Uncontested Divorce Hearing on the Grounds of Mutual Consent.
The court will schedule these matters on an uncontested docket in approximately forty-five (45) days.
