Pursuant to Section 7-103 of the family law article parties may in certain circumstances be entitled to immediately file for divorce by mutual consent. (Effective October 1, 2015)
The necessary requirements are as follows:
- That the parties both consent to an absolute divorce.
- That the have parties entered into a marital separation agreement resolving all outstanding marital property issues including alimony. (The parties may have a signed agreement waiving alimony and property rights)
- That both parties sign a joint request for an uncontested absolute divorce.
- That the parties don’t have minor children in common.
- That the parties are not living together under the same roof.
- That both parties appear at the final hearing for an uncontested absolute divorce.
- That neither party has moved to set aside the marital separation agreement at the time of the absolute divorce hearing.
The 12 month separation period is still required for absolute divorce cases where the parties don’t mutually agree and or have minor children in common.
Caveat: Given the complex legal principals associated with divorce, it is wise to seek legal counsel in advance of filing for a limited or absolute divorce.
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