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Legal Information: Maryland

Divorce

Updated: 
November 27, 2023

Can I get an absolute divorce if my spouse agrees to the divorce?

The judge can grant you an absolute divorce based on mutual consent if you and your spouse:

  1. both agree that you want a divorce;
  2. sign a written settlement agreement where you agree on all issues relating to:
    1. alimony (spousal support);
    2. the division of your property;
    3. custody and visitation (access); and
    4. child support. Note: If child support will be paid, you must also attach a completed child support guidelines worksheet;
  3. do not file any paperwork to set aside the settlement agreement before the hearing; and
  4. both go to court for your hearing for an absolute divorce.1

After reviewing the settlement agreement, the judge must be satisfied that any terms of the agreement relating to minor or dependent children are in the best interests of those children.2

If you and your spouse meet these conditions, then the judge can adopt your settlement agreement into the divorce order. The judge could also modify or enforce your settlement agreement in the future.3

1 MD Code, Fam. Law § 7-103(a)(8)
2 MD Code, Fam. Law § 7-103(a)(8)(iv)
3 MD Code, Fam. Law § 7-103(f)