Uncontested vs. Contested Divorce in Annapolis: Why “Simple” Can Turn Complicated
Key Takeaways
- Uncontested Maryland divorces typically cost less and finish faster than contested cases.
- A mutual consent divorce requires a written agreement resolving property, alimony, and child-related issues.
- Contested cases can last a year or more as a result of discovery, expert witnesses, and trial.
- Couples can settle at any stage to reduce time and expense.
The real difference between a contested and uncontested divorce in Maryland comes down to agreement. Spouses who settle every issue can file for mutual consent with no waiting period and often finalize within a few months at a modest cost. When spouses disagree, litigation can stretch past a year and drive legal fees much higher.
What Makes a Maryland Divorce “Uncontested”?
A Maryland divorce is uncontested when both spouses agree on every issue and leave nothing for a judge to decide. Most uncontested cases use the mutual consent ground under Maryland law, which requires a signed, written settlement agreement. That agreement must resolve:
- Division of marital property and debts
- Alimony, including whether either spouse will receive it
- Child custody, visitation, and child support, if the couple has minor children
The court reviews any terms involving children to confirm they serve the children’s best interests. If even one issue remains in dispute, the case cannot proceed on mutual consent and becomes contested.
When an Uncontested Divorce Quietly Becomes Contested
You and your spouse may start out with every intention of having an uncontested divorce. You may begin negotiations, only to realize that you are much further apart on the key issues than you may have thought. You may have even tried mediation, which did not obtain the desired result. Since you must reach agreement on the crucial issues prior to a court granting the final divorce order, you may have no choice but to engage in a contested process.
The Real Cost and Timeline of Each Path
An uncontested divorce in Maryland usually costs far less and ends far sooner than a contested one. When spouses sign a written settlement agreement resolving every issue, they can file for mutual consent with no waiting period and often finish in a few months. Costs include the circuit court filing fee, which starts at $165, plus attorney time for the agreement. A contested divorce can take a year or longer because it may involve discovery, depositions, expert witnesses, and a trial. Each added step increases attorney fees and court costs. Disputes over custody, alimony or property division are the most common reasons a case stretches out.
Protecting Yourself Even in an “Amicable” Split
Even if a divorce seems amicable, you must still ensure that your own interests are protected. You need to be careful about giving up too much just for the sake of avoiding litigation. Although a divorce may seem friendly at the time, you may not realize until much later on that you compromised too much.
The ideal situation is an amicable divorce where each spouse ends up with a result that works best for them. Bear in mind that some type of compromise will be necessary to reach this point.
How Oliveri & Larsen Handles Both Types, and When to Switch Gears
At Oliveri & Larsen, we believe that an uncontested divorce is the most advantageous route, but it is not always possible. If divorce is contested, we can work towards a situation in which you can agree on all the major issues and potentially avoid trial. However, there may be situations in which you have no choice but to litigate. For example, if you are negotiating and you seem to be the only one compromising, it may make sense to begin the litigation process. Our lawyers can negotiate a settlement on your behalf, yet we are always prepared to litigate if necessary.
Frequently Asked Questions
Can a contested divorce become uncontested?
Yes. Spouses can reach a settlement at any stage, which shortens the case.
Can one spouse stop a Maryland divorce?
No. One spouse can file based on irreconcilable differences without the other’s agreement.
Does Maryland consider fault in a divorce?
Maryland ended fault grounds in 2023, but conduct may affect alimony or property division.
Annapolis Divorce Lawyers at Oliveri & Larsen Can Guide You Through the Process
If you are considering ending your marriage, the Annapolis divorce lawyers at Oliveri & Larsen can help you whether your proceeding is contested or uncontested. Our trusted legal team will guide you through the divorce process and help you make a fresh start. Call us at 410-295-3000 or contact us online to schedule a consultation. We have offices in Annapolis, Maryland, and serve clients in the surrounding areas.
