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Joint Request for Uncontested Divorce Hearing: This form is the joint request of the parties to proceed directly to a final uncontested hearing. It must be signed by both Husband and Wife, prior to its filing at the courthouse. This form is available in both Word and fillable PDF formats.
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Interesting Questions
A joint request for uncontested divorce hearing in Maryland is a legal document submitted by both spouses, together, requesting the court to grant a divorce without the need for a trial.
To prepare a joint request, both spouses must first agree on the terms of the divorce, including issues like property division, child custody, and support. Then, they need to draft a written agreement, commonly known as a 'Marital Settlement Agreement.' This agreement should be included with the joint request for the court's review.
The Marital Settlement Agreement should address issues like property division, child custody and visitation, child support, alimony, and any other relevant matters. It should clearly outline the agreed-upon terms and obligations of both spouses, ensuring a fair resolution.
The joint request, along with the Marital Settlement Agreement, should be filed with the circuit court in the county where either spouse resides. It's recommended to consult the local court's website or seek legal advice for specific filing instructions and any required additional documents.
Once the joint request and Marital Settlement Agreement are filed, the court will review the documents to ensure they meet the legal requirements. If everything is in order, the court will schedule a hearing, usually a few weeks after the filing. During the hearing, the judge will review the agreement and, if satisfied, grant the uncontested divorce.
In most cases, both spouses must attend the uncontested divorce hearing. However, it's beneficial to check with the local court for any specific rules or circumstances that may allow only one spouse's attendance. Generally, the hearing is a formality where the judge ensures the agreement is fair and understands both parties' consent.
The timeline can vary depending on the court's caseload and processing times. Typically, an uncontested divorce in Maryland may take anywhere from a few weeks to several months. It's essential to consult the local court or a legal professional for the most accurate estimate.
After the court approves and incorporates the Marital Settlement Agreement into the divorce decree, it becomes legally binding. Generally, modifying the agreement post-approval requires a substantial change in circumstances, such as a significant life event. It's advisable to seek legal guidance to understand the specific requirements and process for modification.
While not mandatory, it's often recommended to consult with an attorney when preparing a joint request and Marital Settlement Agreement. An attorney can provide expert advice, ensure all legal aspects are considered, and help prevent potential pitfalls. However, if both spouses agree on the terms and find the process straightforward, they can handle the filing without an attorney's assistance.
If one spouse refuses to cooperate or sign the Marital Settlement Agreement, it may complicate the uncontested divorce process. In such cases, it's advisable to consult with an attorney who can guide you through the appropriate legal steps to resolve the situation, which may include mediation or litigating the divorce.
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