Uncontested Divorce in Maryland

When one or both the spouses finalize to take a divorce and if they have children, then, they must ensure that the divorce does not have a negative impact on the lives of their children. No one can understand children better than the parents; the divorcing parents must take an initiative in resolving the issues like child custody, visitation and child support.

In this state, the Circuit Court is the venue for filing the action. The individual who files the action is known as the Plaintiff. The partner who responds to the action is termed as the Defendant.

Grounds for Uncontested Divorce in Maryland

There are no-fault grounds of divorce in this state and these are as follows.

• A mutual and voluntary separation for 1 year. This 1 year must be in the absence of cohabitation or interruption and there must be no reasonable possibility of reconciliation.
• A separation for 2 years in the absence of sexual relations or cohabitation.

In case of the first point mentioned above, the divorcing couple has to reside for 12 consecutive months under separate roofs and should not engage in sexual relations with each other. This 12 month clock starts all over again, if the following conditions are fulfilled.

• There are sexual relations between the couple.
• The couple resides together.
• The couple spends a night with each other under the same roof.

The fault grounds in this state are as follows.

• Excessive vicious conduct.
• Cruelty.
• Imprisonment for minimum 3 years with 1 year already served.
• Insanity for minimum 3 years.
• Desertion for 1 year.
• Adultery.

The Divorce Hearing

The divorcing couple has to file a joint request for an uncontested divorce hearing. Such a divorcing couple must carry along with them the following forms for the hearing.

• Submission to Judgment: This document is used to waive the right of appeal.
• Separation Agreement.
• Witness identification information.
• Child support guidelines: This is essential when the couple have children.
• A copy of the marriage license: This form can be substituted by the witness who was present at the wedding.
• A report of Absolute Divorce: This is called as the “blue form.” This form can be procured from the court and is utilized for record keeping.

In this state, the Family Law Master hears the uncontested divorce cases. The findings and recommendations of the Master at the hearing are the basis of the Decree of Divorce. Further, the Judge signs the Decree of Divorce and it is mailed to the divorcing partners within a short span of time. It is mandatory for the Plaintiff and optional for the Defendant to remain present at the divorce hearing.

The Effort

When the Defendant does not respond during the specified time period, the Plaintiff can file a Request for Default. Further, the Order for Default is issued and on obtaining it, the Plaintiff can plan an uncontested divorce hearing. However, it is advised that the Plaintiff makes an “effort” to find out the missing spouse, prior to taking the above steps.

The “effort” comprises of the following steps and is done in good faith.

• Browsing the Internet and searching directory assistance and telephone directories.
• The investigation of a private investigator.
• Sending letters to neighbors, the last known employer, friends and relatives.
• Attempts to serve process, at the last known address, by certified mail.
• Establishing contact with the child support enforcement agency.
• Referencing the Military Service Locator.
• Making a search of the Maryland motor vehicle administration.

Divorce Papers