Atkinson Law Blog

5 Potential Benefits of Choosing a Mutual Consent Divorce

Posted by Lesley Atkinson | Mar 16, 2021 | 0 Comments

We fully understand that divorce hurts, and it breaks up families. Sometimes, the process is simply worth going through when both parties know a separation would be mutually beneficial. If you've found yourself in this situation, a mutual consent divorce may be the best option for everyone involved.

Mutual Consent Divorce Consult in Maryland
Mutual Consent Divorce in Maryland

What is a Mutual Consent Divorce?

Before the introduction of mutual consent divorces in 2015, Maryland couples could only get divorced under at least one of these circumstances:

  • Desertion
  • Adultery
  • Insanity
  • Cruelty toward a spouse or child
  • Excessive vicious treatment of a spouse or child
  • Total separation of at least 12 months
  • Conviction of a felony or misdemeanor with at least a 3-year sentence and 1-year actual incarceration

These days, mutual consent divorces allow couples to dissolve their marriage amicably, for any reason of their choosing.

Benefits of a Mutual Consent Divorce

Quicker Than Contested Divorces

The state of Maryland rewards couples who are willing to work together to agree on post-marriage arrangements by allowing them to skip the 12-month separation period. Since agreements are made independent of court sessions, mutual consent agreements fall on each spouse (and a mediator should you choose to hire one). If you are on good terms with your spouse, this is an excellent choice since you could feasibly wrap up the process in as little as four months instead of over a year.

Co-Parenting Made Easier

Co-parenting is generally much easier after a mutual consent divorce. Without a messy divorce process taking place before, starting on a positive note becomes much more manageable. Depending on your children's age, you may be co-parenting for several years into the future, so doing so on agreeable terms is always beneficial for the entire family.

Generally Cheaper Than Contested Divorces

This certainly isn't a blanket statement, but mutual consent divorces are generally cheaper than contested divorces. Handling all negotiations outside of court means you will be able to avoid potentially pesky legal fees. This may set both you and your former spouse up for more financial security after the separation occurs.

Contact Atkinson Law for Help with Your Mutual Consent Divorce

At Atkinson Law, we are family. As a husband-and-wife team of lawyers, we understand the unique issues that can arise in both family law and estate planning. To learn more about how we can assist with your divorce agreement, contact us today by calling (410) 882-9595 or visiting our website.

About the Author

Lesley Atkinson

Partner I am a 2002 graduate of the University of Baltimore School of Law, where I obtained my Juris Doctor. I have successfully represented hundreds of clients throughout central Maryland in the fields of Divorce, Child Custody, Child Support, Personal Injury (auto accidents and premises liabil...


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