Divorces in Maryland can be “contested”, which requires adversarial proof.  Or they can be “uncontested”, which are usually based on a mutual and voluntary separation of one year.

Uncontested Divorce

if the parties agree to be divorced, you must have a written Separation Agreement that makes adequate and sufficient provisions in writing for the custody and support of the minor children of the marriage and makes a fair and equitable division of your property.

there are also additional technical requirements, but the Separation Agreement is the essence of an uncontested divorce. As for assessing fault for the marriage breakdown, you only need to say that differences have arisen that will prevent you from living together as husband and wife, there is no hope of reconciliation and you intend to end the marriage.

Contested Divorce

A contested divorce is a case in which the parties cannot agree on one or more points, such as property division, alimony, custody, child support, or attorney’s fees. Even when parties have lived separate and apart for one year, and wish to be divorced but cannot agree to the terms of financial settlement, or custody, it is still a contested divorce.

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