If you and your spouse have decided to end your marriage and you are in agreement on the outcome, an uncontested divorce is the fastest, least expensive, and least stressful path forward. Instead of letting a stranger in a robe decide your fate using cookie-cutter solutions, you and your spouse create a customized set of elegant solutions to your family’s problems.
Statistically, people who create their own solutions are overwhelmingly happier and less likely to return to court than people who allow judges to decide their futures.
Maryland law provides a clear framework for couples who can work together to resolve the key issues in their divorce — and the advantages over contested litigation are significant. But “uncontested” does not always mean simple, and understanding what the process actually involves will help you avoid the delays and mistakes that derail even cooperative divorces.
What Makes a Divorce “Uncontested”?
A divorce is uncontested when both spouses agree on all of the material issues that must be resolved before a judge can grant a final divorce. Those issues typically include:
- Division of marital property and debts — who keeps the house, how retirement accounts are divided, who is responsible for joint debts
- Alimony — whether either spouse will pay spousal support, and if so, how much and for how long
- Child custody and visitation — where the children will live, how decisions will be made, and what the parenting schedule will look like
- Child support — calculated under Maryland’s guidelines based on both parents’ incomes and the custody arrangement
If even one of these issues remains genuinely unresolved, the divorce is contested — at least for the time being. That does not necessarily mean you are headed to trial. Many divorces start contested and become uncontested once the parties, with the help of their attorneys, reach agreement through negotiation or mediation.
Grounds for an Uncontested Divorce in Maryland
Maryland law was significantly updated in 2023, simplifying the grounds for absolute divorce. Today, the most common grounds used in uncontested cases are:
Mutual consent. If both spouses agree to the divorce and there are no minor children, the court can grant a divorce based solely on the parties’ written agreement — no waiting period required.
Six-month separation. If the spouses have lived separate and apart for at least six months, either spouse may file for absolute divorce on that basis, regardless of fault.
Irreconcilable differences. Maryland now also recognizes irreconcilable differences as a standalone ground, giving couples additional flexibility in how they frame their divorce filing.
For divorces that start uncontested, mutual consent — backed by a fully executed separation agreement and parenting plan — is always the most efficient and fastest route.
The Role of the Separation Agreement
The separation agreement is the foundation of an uncontested divorce. It is a legally binding contract that memorializes everything the spouses have agreed to: how property will be divided, whether alimony will be paid, and how custody and support will be handled going forward. Once approved by the court and incorporated into the final judgment of divorce, the agreement is enforceable as both a contract and a court order.
Drafting a solid separation agreement is not a task to take lightly. Vague or incomplete language can create enforcement problems for years. Provisions that fail to account for foreseeable changes — a job loss, a relocation, a change in the children’s needs — can lead to expensive modifications down the road. An experienced family law attorney will draft the agreement with precision, anticipating issues that clients, understandably focused on getting through the process, often do not think to address.
Do You Need a Lawyer for an Uncontested Divorce?
One of the most common misconceptions about uncontested divorce is that because both spouses are cooperating, neither one needs legal representation. This misunderstands what an attorney actually does in this context.
Your attorney is not there to fight your spouse. In an uncontested case, your attorney’s job is to make sure you understand what you are agreeing to, that the agreement is legally sound and enforceable, and that no important issue has been overlooked. Retirement accounts, for example, require a separate court order called a Qualified Domestic Relations Order (QDRO) to divide properly — a step that is easy to miss and expensive to fix after the fact. Business interests, deferred compensation, and real property all carry their own drafting and transfer requirements.
Courts also will not review a separation agreement for fairness before approving it. If you sign an agreement that shortchanges you on marital property or waives alimony you would have been entitled to, the court will generally hold you to it.
The Timeline: What to Expect
An uncontested divorce in Maryland can move relatively quickly once the parties have reached a full agreement. Here is a general overview of the process:
- Negotiation and drafting. The parties (with their attorneys) negotiate the terms, and a separation agreement is drafted and executed. If custody and child support are involved, a parenting plan and child support guidelines worksheet are also prepared.
- Filing the complaint. One spouse files a Complaint for Absolute Divorce in the Circuit Court for the county where either spouse resides. In Anne Arundel County, that is the Circuit Court in Annapolis. The court issues the party who filed the divorce a Writ of Summons; this is the paperwork from the court that tells your spouse that the case has been filed.
- Service and response. The other spouse is formally served with the complaint and Writ of Summons, and they file an answer. The faster the answer is filed, the faster you get the divorce hearing scheduled.
- Court hearing. Maryland requires a brief hearing before a judge or magistrate even in uncontested cases. The hearing is typically short — often less than 15 minutes — and involves the judge confirming the basic facts and reviewing the agreement. Many counties, including Anne Arundel County, do them via Zoom to make them more efficient.
- Final judgment. The judge enters a Judgment of Absolute Divorce incorporating the separation agreement. The divorce is final.
Practice tip: If your case is heard by a magistrate, they do not have the power to sign a judgment of divorce that day. They are required to prepare and to mail to you a Report and Recommendation that summarizes the testimony and recommends to a judge that the divorce be granted. After the magistrate mails their paperwork, the clerk is required to wait to present the file to a judge for signature. You can grant the court the power to sign the judgment of divorce the same day by “waiving exceptions” in writing, and get divorced the same day as the hearing.
From filing to final judgment, an uncontested divorce in Maryland typically takes anywhere from 60 to 120 days, depending on the court’s docket.
Uncontested Divorce Doesn’t Mean Do-It-Alone – Call Jimeno & Gray
An uncontested divorce is not always a do-it-yourself process — it is a streamlined legal process that works best when both parties have competent legal guidance and a complete, well-drafted agreement in hand before they walk into court. The flat-fee uncontested divorce service at Jimeno & Gray is designed specifically for couples who are ready to move forward cooperatively but want experienced attorneys handling the details.
If you are considering an uncontested divorce in Maryland, contact our office to schedule a consultation. We will walk you through the process, answer your questions, and make sure you are protected every step of the way.