My spouse and I have been married for one month. We have never lived together and do not have any property or assets together. How can we get divorced?
The most efficient way would be for you and your spouse to enter into a written and signed Marital Separation Agreement. The Marital Separation Agreement would have to address all issues arising out of your marriage. You should consult with an attorney to ensure that all of the required language is included within the Marital Separation Agreement. Once the Marital Separation Agreement has been signed and notarized, you can file a Complaint for Absolute Divorce and attached the Marital Separation Agreement. Once the other party has been served, they will have thirty (30) days, if they reside in Maryland, to file an Answer. If the other party files an Answer indicating that they are not contesting the divorce, the Court will schedule an uncontested divorce hearing. Depending on the jurisdiction, the uncontested divorce hearing will be scheduled within 60-90 days.
The hearing will be approximately 10-15 minutes wherein you will provide brief testimony indicating basic facts of your marriage, that the agreement resolves all issues arising out of your marriage, and that you are entering in the Marital Settlement Agreement freely and voluntarily.
If you are unable to reach an agreement, then you would need to prove another ground for divorce. Aside from mutual consent, the most common ground for an absolute divorce is a one-year separation. A one-year separation would require that you and your spouse reside under separate roofs and do not engage in marital relations for at least one (1) year.
Other grounds for an absolute divorce include adultery and cruelty of treatment/excessively vicious conduct. Both of the aforementioned are considered “fault” grounds and do not require the parties to be separated. However, fault grounds are difficult to prove.