Finally, it is time to end your marriage. By now, you should be aware that it is not a simple process. But, in some cases, it can be really simple if the parties agree regarding the marital property, child custody, visitation rights, and child support. This is known as uncontested divorce.
What are the benefits of an uncontested divorce in Maryland?
Uncontested divorce gives the divorcing spouses a chance to end their marriage without any issues and with dignity. The most evident benefit of an uncontested dissolution of marriage is its cost. An uncontested dissolution of marriage that stays unchallenged is the best way to get divorced without incurring huge expenses. The low cost is not, however, the only advantage of uncontested dissolution of marriage. If the level of disagreement between the two spouses is not much, an uncontested dissolution of marriage ensures to keep it that way. It is more confidential and supportive and will make sure that your assets are right with you when compared with a contested dissolution of marriage.
What are the disadvantages of an uncontested divorce in Maryland?
It is strongly recommended not to opt for uncontested dissolution of marriage when domestic violence, emotional abuse, or some other disparity in power in the relationship is involved. The reason behind this is that it always leads to one spouse having an excessive advantage over the other. If you are the spouse bearing all the abuse and cruelty, it is best to talk to your attorney so that you can be bailed out of the difficult situation.
It is also a bad idea to go in for uncontested dissolution of marriage when the spouses are unable to talk with each other without a disagreement. If your spouse refuses to hold a discussion with you regarding the dissolution of marriage or every conversation ends in a fight, but you need a dissolve bonds of matrimony, then you need to opt for a contested dissolution of marriage. This is when you need to hire an attorney. Similarly, if one or both of you are keen on holding on to certain properties or taking a larger share of the marital assets, then this could lead to an inflexible disagreement that may not be easily resolved in an uncontested dissolve bonds of matrimony proceeding.
Finally, uncontested divorces are not a good idea if you and your spouse are not comfortable with the law or do not suppose you can work through the paperwork on your own. Uncontested dissolve bonds of matrimony are relatively uncomplicated and undemanding but still needs you to read and understand a number of different forms which will probably include fairly in-depth financial disclosures by each party. If this idea is daunting, it may be prudent to get in touch with an attorney to assist with the process.
Want to know how an uncontested divorce works in Maryland?
The first and foremost thing that everyone one opting for uncontested dissolve bonds of matrimony needs to know is that you can do it either on your own or with the assistance of a lawyer. If you intend to use the service of a lawyer, understand that the lawyer cannot represent both of you. There are two reasons for this: firstly each spouse will have their own requirement and interests, and secondly, the ethical principles for lawyers will require that a lawyer represent only one of the parties. So make it clear to the attorney who exactly is the client to do away with any misunderstanding later on.
Generally, every court will require both spouses to prepare similar documents to initiate a divorce. They are:
- the petition for divorce,
- documents proving both parties are aware of and participating in the case,
- financial affidavits disclosing everything each spouse has,
- a settlement agreement, and
- a proposed judgment.
In Maryland, the plaintiff should write to the clerk of court requesting a hearing date for an uncontested dissolve bonds of matrimony. The plaintiff must appear at the hearing with a witness to testify that he/she has satisfied the residency requirements for a Maryland dissolve bonds of matrimony. The plaintiff should also bring a copy of the marriage certificate, a copy of the signed separation agreement, and some information that supports the plaintiff’s Maryland residency.
At the final hearing, the plaintiff will give testimony by providing a response to some brief queries from the judge. The defendant can appear but also has the right to waive an appearance. The final agreement will be placed “on the record” and the judge will approve it. The judge will sign the final divorce order if it is fair and reasonable and all the rules have been followed.
An uncontested divorce means that both the spouses agree on all the key terms of the divorce, including:
- child custody and visitation, including where the children will live
- child support, health and dental insurance, and medical expenses for the children
- tax deductions and exemptions
- division of the marital assets and debts
- alimony, and
- any other dispute involving your marriage.
If there are any disagreements to these terms, your divorce will be considered contested and it will have to go to trial.
Maryland doesn’t have separate and special rules or procedures for uncontested cases. However, uncontested cases move through the system more quickly when compared to contested divorce. If you and your spouse agree on all the terms of the divorce before you file, you need to write a settlement agreement, and you may be done with your divorce relatively quickly.
In case the parties to the divorce do not agree to certain terms and conditions and reach a settlement later, the time period taken for the divorce may go up.
Talk to the family law attorney in Maryland right now to know the benefits of non-disputed divorce.
If you need a Maryland uncontested divorce lawyer to help you with a Maryland non-disputed divorce, call 888-437-7747. Our Maryland uncontested divorce attorneys can help you. C