What Is a No-Fault and Uncontested Divorce?

When considering divorce, a no-fault, uncontested approach is highly advantageous. This method involves both parties mutually agreeing to separate without assigning blame or engaging in conflict. By choosing this route, the couple can maintain complete control over the terms of their divorce, including aspects such as asset division and child custody. More importantly, this approach fosters a cooperative and amicable resolution, minimizing emotional strain and legal fees.

No-Fault Divorce

A no-fault divorce allows couples to end their marriage without proving that one party is at fault. In this type of divorce, there is no need to provide evidence of betrayal or abuse. Although terms such as “defendant” and “plaintiff” may still be used, they do not have the same accusatory connotations as in fault-based divorces. Rather, both spouses can agree that they can no longer sustain a marital relationship, and this mutual decision serves as the reason for the divorce. This approach also streamlines the process of filing for and obtaining a divorce, as it eliminates the need to provide evidence of why the marriage failed. 

Uncontested Divorce

An uncontested divorce arises when neither spouse contests the divorce and both parties believe there will be minimal issues and disagreements when negotiating the terms of the separation. In such cases, the spouses willingly engage in the divorce proceedings with the goal of achieving a peaceful and mutually agreed-upon division of assets and responsibilities. 

This collaborative approach is usually facilitated through open and honest communication and a willingness to compromise. An uncontested divorce also provides the advantage of enabling greater control and flexibility over the divorce, as both parties actively participate in shaping the agreement rather than leaving critical determinations solely in the hands of a judge.

What Are the Grounds for No-Fault and Uncontested Divorce in Maryland?

In Maryland, the grounds for divorce were historically quite stringent. Historically, couples had to meet the criteria of living separately for an extended period of time or bring forth accusations of fault to obtain a divorce. However, the laws have recently changed and the current rules for a no-fault, uncontested divorce have been significantly relaxed. Couples can now pursue a divorce under more attainable conditions: 

• Both spouses can come to a mutual agreement that their marriage cannot be fixed (mutual consent) 
• The parties have lived separately for a period of six months

*Irreconcilable differences still remains as a fault-based ground. 

The Benefits of Pursuing a No-Fault and Uncontested Divorce

There are numerous advantages of pursuing a no-fault and uncontested divorce. More specifically, this divorce process can:

• Result in Fewer Issues: In this type of divorce, couples are not required to take opposing positions, allowing for the collaborative development of a divorce settlement. As a result, this process results in less conflict, leading to reduced stress during the divorce proceedings. 
• Be Better for the Children: Divorce can be a highly traumatic event for marriages with children. However, when the separation is cooperative between parents, children are less likely to view the divorce as traumatic. Rather, it can end up leading to a more positive experience for the children. 
• Help Couples Remain in Control of the Outcome: Unlike divorces decided by the court, an uncontested divorce allows you to negotiate and establish the terms without the court’s intervention. This gives both parties greater control over critical issues such as asset division and child custody. 

Contact Rice Law Today To Learn More About No-Fault and Uncontested Divorce

If you are considering divorce and want to know more about your options in Maryland, consider contacting an experienced Maryland family law attorney at Rice Law to review your questions and learn how our legal team can help you.