Maryland Uncontested Divorce (Mutual Consent) Petition + Decree Filing Packet

MARYLAND UNCONTESTED ABSOLUTE DIVORCE (MUTUAL CONSENT) PETITION + DECREE FILING PACKET

PACKET CONTENTS

1. ELIGIBILITY & RESIDENCY CHECKLIST

☐ At least one party is a Maryland resident at the time of filing (Md. Code, Fam. Law § 7-101(a)).
☐ If the grounds for divorce occurred outside Maryland, one party has resided in Maryland for at least six (6) months before filing (Md. Code, Fam. Law § 7-101(a)).
☐ Both parties consent to dissolution and have executed (or will execute) a written Marital Settlement Agreement addressing all of:
☐ Alimony
☐ Distribution of property (including monetary award under § 8-205 and family-use personal property under § 8-208)
☐ Care, custody, access, and child support of any minor or dependent children
☐ A completed Child Support Guidelines Worksheet is attached to the agreement (if children, and the agreement provides for child support).
☐ Neither party intends to file a pleading to set aside the settlement agreement before the divorce hearing.
☐ The court will be satisfied that any child-related terms are in the best interests of the child(ren) (Md. Code, Fam. Law § 7-103(a)(3)(iv)).
☐ Venue is proper: County (or Baltimore City) where the plaintiff resides; or where defendant resides, is employed, or has a place of business (Md. Rule 2-121; Md. Cts. & Jud. Proc. § 6-202).
☐ Filing fee available (~$165) or fee waiver request prepared.

2. COMPLAINT FOR ABSOLUTE DIVORCE (MUTUAL CONSENT)

IN THE CIRCUIT COURT FOR [____________________] COUNTY, MARYLAND
[OR: BALTIMORE CITY]

Case No.: [____________________]

COMPLAINT FOR ABSOLUTE DIVORCE BASED ON MUTUAL CONSENT

Plaintiff, by [self / counsel], for cause of action against Defendant, states:

1. Plaintiff's Information.

• Name: [____________________]
• Address: [____________________________________________]
• Date of Birth: [__/__/____]
• Length of Maryland residence: [____] years/months
• Phone: [____________________]
• Email: [____________________]

2. Defendant's Information.

• Name: [____________________]
• Address: [____________________________________________]
• DOB: [__/__/____]
• Phone: [____________________]

3. Residency. Plaintiff [and/or Defendant] has resided in Maryland at all times required by Md. Code, Fam. Law § 7-101. [If the grounds occurred outside Maryland: one of the parties has resided in Maryland for at least six (6) months immediately preceding the filing of this Complaint.]

4. Marriage. The parties were married on [__/__/____] in [City, State or County, Country]. The marriage was a [☐ civil ☐ religious] ceremony.

5. Children.
☐ No children were born of, or adopted into, this marriage.
☐ The following minor or dependent child(ren) were born of or adopted into the marriage:

6. Wife's Pregnancy. ☐ Wife is not currently pregnant. ☐ Wife is pregnant; expected due date: [__/__/____].

7. Ground for Divorce — Mutual Consent. Plaintiff alleges and Defendant agrees that the parties have entered into a written Marital Settlement Agreement signed by both parties resolving all issues of alimony, property distribution, and (if applicable) care, custody, access, and support of any minor or dependent children, in compliance with Md. Code, Fam. Law § 7-103(a)(3). A copy of the Marital Settlement Agreement is attached as Exhibit A. [A completed Child Support Guidelines Worksheet is attached as Exhibit B.]

8. Property and Debts. The Marital Settlement Agreement resolves all marital property, monetary award, and family-use property issues.

9. Custody and Support. [If children:] The Marital Settlement Agreement resolves legal custody, physical custody, access, and child support consistent with the Maryland Child Support Guidelines.

10. Other Pending Proceedings. There [☐ are ☐ are not] other pending domestic-relations actions between the parties.

11. Restoration of Former Name. ☐ Plaintiff requests restoration to former name: [____________________]. ☐ Not applicable.

WHEREFORE, Plaintiff respectfully requests this Honorable Court:

A. Grant Plaintiff an Absolute Divorce from Defendant on the ground of Mutual Consent pursuant to Md. Code, Fam. Law § 7-103(a)(3);
B. Approve and incorporate (or merge) the parties' Marital Settlement Agreement into the Judgment of Absolute Divorce per § 7-103(e);
C. [Approve a custody / access / child support order consistent with the Marital Settlement Agreement and the best interests of the child(ren);]
D. [Restore Plaintiff's former name to [____________________];]
E. Grant such other and further relief as the nature of the case may require.

Respectfully submitted,

[____________________________________________]
Plaintiff / Counsel
[Name, CPF # if attorney; address; phone; email]

VERIFICATION

I solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the foregoing Complaint for Absolute Divorce are true.

[____________________________________________] Date: [__/__/____]
Plaintiff

3. MARITAL SETTLEMENT AGREEMENT

This Marital Settlement Agreement ("Agreement") is entered into this [____] day of [____________], 20[____], between [WIFE FULL NAME] ("Wife") and [HUSBAND FULL NAME] ("Husband") (collectively, the "Parties").

Article 1 — Recitals

The Parties were married on [__/__/____]. The Parties have determined that the marriage cannot be saved and have agreed to dissolve the marriage on the ground of mutual consent under Md. Code, Fam. Law § 7-103(a)(3). The Parties intend this Agreement to be a complete and final settlement of all issues between them.

Article 2 — Alimony

☐ Both Parties waive any and all past, present, and future claims to alimony and spousal support under Md. Code, Fam. Law Title 11.
☐ [☐ Husband ☐ Wife] shall pay alimony to the other in the amount of $[________] per month for [____] months as ☐ rehabilitative ☐ indefinite alimony.

Article 3 — Real Property

Marital residence at [____________________]:
☐ Awarded to Wife — Wife refinances within [____] days.
☐ Awarded to Husband — Husband refinances within [____] days.
☐ Sold; net proceeds divided [____]% / [____]%.

Article 4 — Personal Property and Vehicles

Article 5 — Financial Accounts, Retirement, Investments

Article 6 — Marital Debts

Each Party shall indemnify and hold the other harmless for assigned debts.

Article 7 — Monetary Award / Family Use Property

Pursuant to Md. Code, Fam. Law §§ 8-205 / 8-208, the Parties agree to the property allocation above in full satisfaction of any monetary award and family-use property rights.

Article 8 — Custody, Access, and Child Support

[Refer to Custody/Parenting Plan section. Child support per attached Child Support Guidelines Worksheet.]

Article 9 — Tax Matters

Tax year [____]: ☐ Joint ☐ Separate. Dependency exemption(s): [____________].

Article 10 — Health and Life Insurance

[Health insurance for children, COBRA election, life insurance maintaining beneficiaries.]

Article 11 — Full Disclosure / Voluntariness / Counsel

Each Party acknowledges receipt of full financial disclosure, voluntary execution, and the right to obtain independent legal counsel.

Article 12 — Incorporation and Merger

☐ This Agreement shall be incorporated but not merged into the Judgment of Absolute Divorce.
☐ This Agreement shall be incorporated and merged into the Judgment of Absolute Divorce (Md. Code, Fam. Law § 7-103(e)).

SIGNATURES

[____________________________________________] Date: [__/__/____]
Wife

[____________________________________________] Date: [__/__/____]
Husband

NOTARIZATION

State of Maryland, County of [____________________], to wit:

On this [____] day of [____________], 20[____], before me appeared [____________________], known to me (or satisfactorily proven) to be the person whose name is subscribed to this Agreement, and acknowledged execution thereof.

[____________________________________________]
Notary Public — My commission expires: [__/__/____]

4. JOINT STATEMENT OF MARITAL AND NON-MARITAL PROPERTY (CC-DR-033 Summary)

5. FINANCIAL STATEMENT (CC-DR-030 / CC-DR-031 Summary)

6. CHILD SUPPORT GUIDELINES WORKSHEET

7. CUSTODY / PARENTING PLAN

A. Legal Custody

☐ Joint Legal Custody ☐ Sole Legal Custody to: [____________]
☐ Tie-breaker authority: [____________]

B. Physical Custody / Access

☐ Primary with [____________]; access to [____________] per schedule below
☐ Shared physical custody — [____] overnights with each parent

C. Schedule

• School year: [____________________]
• Holidays: [____________________]
• Summer: [____________________]
• Vacations / travel: [____________________]

D. Child Support

$[________]/month payable by [____________] via ☐ Maryland Child Support Administration ☐ Income Withholding ☐ Direct.

E. Health & Insurance

Health coverage by: [____________]. Uninsured medical: [____]% Mother / [____]% Father.

F. Tax Dependency

Claimed by: [____________________].

G. Best Interests

The Parties affirm that this Plan serves the best interests of the child(ren) under Md. Code, Fam. Law § 9-101 et seq. (Taylor v. Taylor / Sanders factors).

SIGNATURES

[____________________________________________] Date: [__/__/____]
Mother

[____________________________________________] Date: [__/__/____]
Father

8. ACKNOWLEDGMENT OF SERVICE / ANSWER

Acknowledgment of Service (Md. Rule 2-121(a)(4))

I, [DEFENDANT NAME], acknowledge personal receipt of the Complaint for Absolute Divorce, the Marital Settlement Agreement, the Joint Statement of Property, [the Parenting Plan and Child Support Worksheet,] and accompanying papers on [__/__/____].

[____________________________________________]
Defendant Signature

Answer / Joinder

Defendant, [____________________]:

1. Admits the allegations of the Complaint for Absolute Divorce.
2. Joins in the request for an Absolute Divorce on the ground of Mutual Consent under Md. Code, Fam. Law § 7-103(a)(3).
3. Ratifies and confirms execution of the Marital Settlement Agreement.
4. Does not oppose entry of Judgment as prayed.

I solemnly affirm under the penalties of perjury that the contents of the foregoing Answer are true.

[____________________________________________] Date: [__/__/____]
Defendant

9. JUDGMENT OF ABSOLUTE DIVORCE

IN THE CIRCUIT COURT FOR [____________________] COUNTY, MARYLAND

Case No.: [____________________]

JUDGMENT OF ABSOLUTE DIVORCE

The above-captioned matter came before this Court upon the Complaint for Absolute Divorce, the Marital Settlement Agreement, the Joint Statement of Property, [the Parenting Plan and Child Support Guidelines Worksheet,] Defendant's Answer / Acknowledgment, the testimony at the uncontested hearing held [__/__/____], and the record.

The Court finds:

1. The Court has subject-matter and personal jurisdiction.
2. Residency under Md. Code, Fam. Law § 7-101 is established.
3. The Parties have executed a valid Marital Settlement Agreement resolving all issues of alimony, property distribution, and (if applicable) custody, access, and child support.
4. Neither Party has filed any pleading to set aside the Agreement before the hearing.
5. [The terms of the Agreement relating to the minor or dependent child(ren) are in the best interests of those child(ren).]
6. The Parties are entitled to an Absolute Divorce on the ground of Mutual Consent under Md. Code, Fam. Law § 7-103(a)(3).

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, this [____] day of [____________], 20[____]:

A. The Plaintiff, [____________________], is hereby granted an Absolute Divorce from the Defendant, [____________________], on the ground of Mutual Consent.
B. The Marital Settlement Agreement is hereby ☐ incorporated but not merged ☐ incorporated and merged into this Judgment.
C. [The custody, access, and child-support provisions of the Marital Settlement Agreement are approved and entered as orders of this Court.]
D. [Plaintiff is restored to the former name of: [____________________].]
E. Costs are assessed against [____________________].

[____________________________________________]
JUDGE, Circuit Court for [____________________] County

10. FILING & HEARING PROCEDURE

Step 1: File the Complaint

• File with the Circuit Court Clerk in the proper county.
• Required filings: Complaint, Civil Domestic Information Report (CC-DCM-001), Marital Settlement Agreement, Joint Statement of Property, Financial Statement, Child Support Worksheet (if children), Custody/Parenting Plan (if children), and proposed Judgment.
• Pay filing fee (~$165) or file fee waiver request (CC-DC-085).

Step 2: Service / Acknowledgment

• Defendant signs Acknowledgment of Service (Md. Rule 2-121(a)(4)) or is served per Md. Rule 2-121.
• Defendant files Answer within 30 days (60 if served out of state).

Step 3: Family Education Programs (if children)

Many Maryland counties require both parents to complete a "Co-Parenting" or "Children Cope With Divorce" seminar before the hearing. File certificate.

Step 4: Schedule Uncontested Divorce Hearing

• After Answer/Joinder filed, request an Uncontested Divorce hearing.
• Hearing is brief (10–15 minutes). Plaintiff testifies under oath to:
• Residency, marriage, ground of mutual consent.
• Execution and voluntariness of the Settlement Agreement.
• That child-related terms (if any) are in the best interests of the child(ren).
• Corroborating witness historically required; Maryland has relaxed this for mutual consent in many jurisdictions — confirm locally.

Step 5: Entry of Judgment

• Judge signs Judgment of Absolute Divorce at or shortly after the hearing.
• 30-day appeal window.

Step 6: Post-Judgment

• Obtain certified copies (DR-103 or similar).
• Execute deeds (use Maryland Land Records).
• Submit QDROs.
• Update Social Security / DMV / beneficiary designations.

SOURCES AND REFERENCES

• Md. Code, Fam. Law § 7-101: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=7-101
• Md. Code, Fam. Law § 7-103 (effective Oct. 1, 2023): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=7-103
• Maryland People's Law Library — Overview of Divorce: https://www.peoples-law.org/overview-divorce-maryland
• Maryland Courts — Family Forms (CC-DR series): https://mdcourts.gov/family/forms
• Maryland Child Support Guidelines (Md. Code, Fam. Law § 12-204)
• Maryland Rules 9-200 series (Domestic Relations)