Reaching an agreement during an uncontested divorce

On Behalf of | Jul 12, 2023 | Divorce

There are generally two approaches to divorce in Maryland. Spouses can take an adversarial approach where they fight one another in court in a contested or litigated divorce. They may have to wait quite some time to resolve their disagreements about support, property division and custody if they need a judge to rule on all of those issues.

They can also potentially cooperate with one another via an uncontested divorce filing. When spouses cooperate during the divorce process, it will likely be faster and less expensive to finalize their divorce. However, it can be a real struggle to reach terms that both spouses feel are appropriate for their family. How can those contemplating divorce in Maryland set themselves up for a successful uncontested divorce?

With a marital agreement

The younger generations have embraced prenuptial contracts as a practical means of protecting both spouses when starting a new marital relationship. Even couples who have been married for years and have gone through some hardship might negotiate a postnuptial agreement. These contracts between spouses typically include guidelines for the division of property and other practical considerations should they choose to divorce. Therefore, a marital agreement can make it very easy for couples to pursue uncontested divorce proceedings.

With the help of a mediator

A large percentage of divorces in Maryland require the assistance of a mediator. These neutral third-party professionals can facilitate a conversation about the ongoing disagreements between the spouses. The goal is compromise and a signed agreement between the parties. Divorce mediation is a popular solution for those looking for a low-conflict divorce.

If mediation is successful, the terms set by the spouses and their attorneys – and outlined in the agreement in question – can then help them follow through with a relatively simple, uncontested divorce. Even those who currently disagree strongly with their spouse about what should happen with their property or with the custody of their minor children can still arrange for an uncontested divorce filing as a result

Seeking an amicable resolution to a divorce may lead to a faster overall process and can diminish how damaging the divorce may be to the relationship between the spouses, which can be particularly important if they must co-parent in the future.