How to Avoid an Ugly Divorce

Engaging in costly, contentious litigation is not your only approach to divorce. There are several ways to keep your divorce amicable and out of the courtroom that are more cost-efficient, keep you in the driver’s seat, and are in the best interests of your children.

Negotiation

Depending on how complicated the issues are or how much the parties are on the same page, parties can execute a marital settlement agreement through direct negotiations between themselves and/or through counsel. If parties come to agreed-upon terms on their own, it is highly recommended that an attorney draft the agreement and the other party have an attorney of their selection review the agreement, but it is not required.

Mediation

Mediation is a process in which a trained neutral, such as a family law attorney, retired judge, or certified mediator, assists parties in communicating with one another and reaching agreements that meet both party’s needs. Parties may attend mediation with or without counsel and it is confidential. Mediation is party-driven and allows parties to reach decisions that are best suited to their family’s needs.

Collaborative Law

The Collaborative Law process is a multidisciplinary approach that utilizes professionals in relevant areas such as law, accounting/finance, and psychology/social work to consult with clients on various objectives and outcomes. The Collaborative Law process is party-focused with professionals offering advice and the parties making the decision. This process is intended to help alleviate any anger and resentment between parties and maintain goodwill following the divorce. The professionals and parties work collaboratively to achieve the goals of the family. The process ultimately concludes with the execution of a global agreement made for and by you.

Filing for Divorce

Once you have an agreement via mediation, Collaborative Law, or by negotiation between counsel and/or the parties, you will need to file for an uncontested divorce. In Maryland, mutual consent is one of the three no-fault grounds for absolute divorce in Maryland. There is no separation requirement or waiting period. Pursuant to mutual consent, both parties must execute a written settlement agreement. The settlement agreement must resolve all issues including alimony, distribution of property, and custody and child support of the minor child(ren). Once the agreement is executed and filed with the court along with a Complaint and Answer, a ten-minute uncontested divorce hearing will be set. If no party files a pleading to set aside the agreement prior to the divorce hearing, the court will review the settlement agreement to ensure that the terms relating to the minor children are in the best interests of the children, if applicable. If all meets with the approval of the court, the parties will be divorced.

Similarly, in D.C., there is no waiting period or separation requirement as of February 10, 2024. The new law simply requires that either one or both parties assert that they no longer wish to be married. As such, parties may execute a settlement agreement via the aforementioned processes, and file for divorce, asserting that they no longer wish to be married, in order to qualify for a divorce in D.C. To read more about the changes to D.C. divorce laws, please click here.

Our attorneys are trained, experienced, and ready to assist you in achieving an amicable divorce. Click here to contact our office today or call us at 240-396-4373.