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Understanding uncontested divorce

Several of those that we here at the office of Steven J. Gaba have worked with in the past may tell you that going through divorce proceedings is a time-consuming and often costly affair. In some cases in Rockville, circumstances may make contested divorce proceedings necessary. Yet if you and your soon-to-be ex-spouse want to have your marriage dissolved quickly (and are willing to work together toward that end), then you may want consider the merits of an uncontested divorce. 

In an uncontested divorce, you and your spouse both recognize that the decision to split is mutual and that neither of you places any fault on the other for ending the marriage. Additionally, you must agree on all divorce-related matters, including: 

  • Asset and debt division
  • Alimony
  • Child custody
  • Child support

Resolving these matters on your own allows your petition for divorce to be processed that much more quickly. There may, however, be one obstacle to your uncontested divorce being resolved rapidly: Maryland’s mandatory waiting period. 

The state recognizes two grounds for divorce: fault and no-fault. Fault grounds include cases involving adultery, abuse, desertion or imprisonment. In such cases, the court may allow a divorce to be obtained immediately. However, in a no-fault divorce, the state requires that you and your spouse be separated for 12 months before filing. However, recent changes to state laws may allow you to bypass that waiting period. According to Section 7.103(8) of the Maryland Code, you can seek an uncontested divorce immediately as long as you and your spouse have no children together. 

You can learn more about uncontested divorce and other forms of alternative dispute resolution by continuing to explore our site. 

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