Mutual Consent Divorces And Mediation

In general, there are two types of ways to dissolve a marriage. The first is through mediation. The second is through litigation. Litigation is what you see depicted on television. Spouses battle it out in front of a judge, and the judge renders any final decisions related to the marriage. Mediation works a bit differently, but to understand it, you need to understand how Maryland’s no fault divorce rules work. In this article, the Maryland divorce attorneys at Schlaich & Thompson, Chartered will discuss no-fault divorces, mutual consent, and mediation.

Three criteria for a no-fault divorce 

There are three criteria for a no-fault divorce in Maryland. The couple must “live apart” for 6 months, one spouse can cite irreconcilable differences, or finally, both spouses can mutually agree to dissolve the marriage together. The final option is known as mutual consent and it is among the most popular options for dissolving a Maryland marriage.

Mutual consent 

To pursue a mutual consent divorce, you and your spouse must be able to resolve all matters related to the divorce together. That means coming to terms on issues such as property division, alimony, child custody, and child support. This is handled in mediation. Mediations are run by a mediator who helps the couple hammer out an agreement for the divorce that will be ratified by the judge after the agreement is reached.

Benefits of mediation 

The greatest benefit of working with a mediator is that it tends to be considerably cheaper than litigating a divorce in front of a judge. When the couple hires a mediator to help them finalize their divorce decree, they may not have to retain separate counsel, driving down their costs considerably. In a litigated divorce, each side has its own attorney who advocates on behalf of their client. The mediator, on the other hand, doesn’t take sides and instead helps the couple reach an amicable agreement together.

Another benefit of mediation is that the process is private, unlike litigation, which is a matter of public record. Any agreements reached in mediation remain private, so the public can’t access that information.

The role of the mediator 

The role of the mediator is to act as a neutral third party who informs the spouses on Maryland’s divorce laws and helps them to reach an agreement that represents their final divorce decree. This agreement should address issues such as property distribution, alimony, child custody, and child support. Once all of these elements are hammered out, the final divorce decree can be presented to the judge for entry into the record.

Talk to a Maryland Divorce Mediation Attorney Today 

Schlaich & Thompson, Chartered represent the interests of Maryland couples who are interested in mediating their divorce. Call our Bel Air family attorneys today to schedule an appointment, and we can set you up with mediation sessions that will resolve important issues related to your marriage. With over 60 years of experience, we have helped hundreds of Maryland couples untie the knot. Call today to learn more.