The state of Maryland has already implemented what is known as mutual consent as a ground for absolute divorce proceedings. This has proven beneficial to the parties that chose to use it, and now the state General Assembly has updated the policy to make it more inclusive and open to a larger number of people. It’s important to know about the updated bill, how it may apply to you, and what it means for parties headed toward divorce.

Mutual consent, as originally introduced, allowed parties without minor children to bypass the state’s mandatory one-year separation period and move directly to a final and absolute divorce. To do so, the two had to come to terms in a signed, written separation agreement. This agreement needed to resolve all issues related to the divorce, including alimony and property division. Once the agreement was signed, as long as neither party filed an application to set it aside, the two simply had to appear in court for the hearing and be done with the matter.

Now, the state of Maryland has updated uncontested divorce to allow parties with minor children to follow this path as well. All of the above still applies as-is, however there are also key updates. The updates focus on the need for the separation agreement to also handle all issues related to children.

As the bill establishes in its exact words, “the care, custody, access and maintenance of minor or dependent children.” If the agreement calls for payment of child support, a child support worksheet must also be attached. The court now also has a final say in matters involving minor children. They have to determine if the agreement is in the best interest of the children. If they make that determination, then the absolute divorce is granted by mutual consent.

Of course, before taking any other action, it is always best to find an experienced local attorney who can guide you through the process. The new provision here allows more parties in the State of Maryland to reap the benefits of the mutual consent process. Mutual consent allows you to potentially move through a divorce in less time and with less hassle and stress along the way. However, you still need to make sure you’re doing things the right way and covering all your bases.