Standard Operating Procedure (SOP) for Uncontested Divorce Hearings

Standard Operating Procedure (SOP) for

Uncontested Divorce Hearings

This SOP is designed to guide paralegals and attorneys in preparing for and conducting

non-contested divorce hearings. It includes detailed questions, an opening statement,

a closing statement, and a checklist of critical checkpoints.

1. Opening Statement

Template (Expanded for Maryland):

1. Introduction:

o "Good morning, Your Honor. My name is [Name], and I represent

[Plaintiff/Defendant] in this uncontested divorce proceeding before this

honorable court in the state of Maryland."

2. Purpose of the Hearing:

o "We are here today to request an absolute divorce on the grounds of

mutual consent pursuant to Maryland Family Law Article §8-103.1,

which allows for divorce without a waiting period if all issues are

resolved."

3. Compliance with Requirements:

o "All statutory requirements for an uncontested divorce in Maryland

have been met. These include residency requirements, the execution

of a comprehensive Marital Settlement Agreement on [date], and the

resolution of all outstanding issues, including property division,

alimony, and, if applicable, child custody and support."

4. Residency Confirmation:

o "The Plaintiff/Defendant has been a bona fide resident of Maryland for

more than one year prior to the filing of this complaint, satisfying the

jurisdictional requirement of this court."

5. Agreement Overview:

o "The Marital Settlement Agreement addresses all matters, including

alimony, property division, and retirement assets. Both parties have

acknowledged that the agreement is fair, reasonable, and was

entered into freely and voluntarily. There are no unresolved claims,

and neither party has acted outside the terms of the agreement."

6. Voluntariness and Consent:

o "Both parties have confirmed their understanding of the agreement’s

terms, their rights to independent legal counsel, and their decision to

proceed without any coercion, undue influence, or impairment."

7. Specific Requests to the Court:

o "We respectfully request that the court grant an absolute divorce,

incorporate the terms of the Marital Settlement Agreement into the

final judgment without merger, ensuring that it remains enforceable as

a separate contract, and provide any other relief deemed appropriate

and just by this honorable court."

8. Express Gratitude:

o "Thank you, Your Honor, for your time and consideration in reviewing

this matter."

2. Question Set

Basic Information

1. "Please state your full name and address for the record."

2. "When and where were you married to the other party?"

3. "Was your marriage a civil ceremony, a religious ceremony, or both?"

4. "Are you over the age of 18?"

5. "Have you reviewed the divorce complaint filed with this court, and do you

confirm that its contents are true and accurate?"

Checkpoint:

• Verify marriage details against the Marital Settlement Agreement.

Residency and Jurisdiction

1. "Have you been a resident of Maryland for at least one year prior to filing for

divorce?"

2. "Do you understand that this court has jurisdiction over this matter?"

3. "Do you confirm that you meet the residency requirements set forth under

Maryland law?"

Checkpoint:

• Confirm residency requirements for Maryland divorce are satisfied.

Children

1. "Do you and the other party have any children together?"

o If yes:

§ "Have you resolved all issues related to custody, visitation,

and child support as part of this agreement?"

§ "Are the provisions regarding custody, visitation, and support

in the best interests of the children?"

§ "Do you confirm that child support, if applicable, complies

with Maryland’s child support guidelines?"

o If no:

§ "Do you confirm that there are no children born of this

marriage?"

Checkpoint:

• Ensure all issues involving children are addressed in the agreement, including

compliance with child support guidelines.

Actions Outside the Agreement

1. "Have you taken any actions outside of this agreement today that would affect

its terms?"

2. "Have you transferred or disposed of any marital property without the other

party’s knowledge since signing the agreement?"

3. "Have you taken on any new debts or financial obligations without consulting

the other party?"

Checkpoint:

• Verify no actions have compromised the agreement’s terms.

Alimony and Financial Agreements

1. "Does the agreement address all matters of alimony, financial support, and

property division?"

2. "Have you agreed to waive any claims to alimony beyond what is provided in

this agreement?"

3. "Do you confirm that the terms of the alimony—[state terms, e.g., nine months

at $500 per month]—are final and not subject to modification?"

4. "Do you waive any claims to the other party’s retirement assets, including

pensions, IRAs, or 401(k) accounts?"

5. "Do you confirm that all joint debts have been resolved, and you agree to be

responsible for any debts in your name?"

6. "Does the agreement resolve all claims to marital property, including real

estate, vehicles, and personal items?"

Checkpoint:

• Confirm that financial terms, including waivers and alimony, align with the Marital

Settlement Agreement.

Agreement Coverage

1. "Does this agreement resolve all issues related to property, support, and other

matters arising from your marriage?"

2. "Do you believe this agreement is fair and reasonable?"

3. "Have both parties agreed to the division of all marital and non-marital property

as outlined in the agreement?"

Checkpoint:

• Ensure agreement addresses all necessary aspects and is signed by both

parties.

Voluntariness and Influence

1. "Did you enter into this agreement freely and voluntarily?"

2. "Were you under the influence of any drugs, alcohol, or coercion when you

signed the agreement?"

3. "Do you understand that this agreement is binding and that you will be required

to comply with its terms?"

4. "Were you represented by independent legal counsel, and if not, did you waive

your right to such representation?"

Checkpoint:

• Confirm no coercion or undue influence.

Mutual Consent for Divorce

1. "Do you confirm that you and the other party mutually agreed to dissolve your

marriage?"

2. "Do you understand that Maryland law allows for divorce on the grounds of

mutual consent if all issues are resolved?"

3. "Are you asking the court to grant the divorce on the basis of mutual consent

and incorporate the terms of this agreement into the final judgment?"

4. "Do you waive the right to litigate any additional claims or issues related to this

marriage?"

Checkpoint:

• Ensure mutual consent is clear and explicitly stated by both parties.

Final Confirmation

1. "Do you have any further questions about the agreement or this proceeding?"

2. "Do you confirm that all your claims and concerns regarding this marriage have

been addressed in this agreement?"

3. "Do you ask the court to incorporate the terms of the Marital Settlement

Agreement into the final divorce decree but not merge it, so it remains binding

as a separate contract?"

4. "Are you satisfied with the process and ready to move forward with the

finalization of this divorce?"

Checkpoint:

• Confirm both parties’ understanding of the finality and enforceability of the

agreement.

3. Closing Statement

Template:

1. Restate the Request:

o "Your Honor, we respectfully request that the court grant an absolute

divorce based on mutual consent, pursuant to Maryland law."

2. Request Incorporation:

o "We further request that the court incorporate the terms of the Marital

Settlement Agreement into the final judgment, without merger,

ensuring the agreement remains enforceable as a contract."

3. Express Gratitude:

o "Thank you for your time and consideration."

4. Critical Checkpoints

Before the Hearing

• Verify that all court-required forms have been completed, including the Maryland

Report of Absolute Divorce or Annulment of Marriage.

• Confirm residency requirements by reviewing state identification or proof of

residence documentation (e.g., utility bills, lease agreements).

• Ensure that both parties have reviewed and signed the Marital Settlement

Agreement, with notarization if required.

• Confirm that the agreement addresses all necessary issues, including:

o Property division (real estate, vehicles, personal property).

o Alimony terms and waivers.

o Retirement and pension plan waivers.

o Child custody, visitation, and support (if applicable).

o Division and resolution of debts.

• Check for compliance with Maryland’s child support guidelines if minor children

are involved.

• Review any pre-hearing filings and ensure deadlines are met.

• Prepare the attorney with a summarized case file, highlighting:

o Key dates (marriage, separation, filing).

o Agreement terms requiring emphasis in court.

o Potential issues or inconsistencies that may arise.

• Ensure all witnesses, if any, are prepared and available.

During the Hearing

• Ensure both parties provide clear, consistent testimony.

• Confirm the voluntariness of the agreement through direct questioning.

• Highlight compliance with Maryland Family Law Article §8-103.1 regarding

mutual consent divorce.

• Address any last-minute objections or clarifications raised by the judge.

• Take detailed notes of court proceedings, including any modifications or oral

rulings.

After the Hearing

• Confirm that the divorce decree incorporates the terms of the Marital Settlement

Agreement without merger, ensuring its enforceability as a separate contract.

• Ensure that the signed divorce decree is filed with the court clerk and copies are

provided to both parties.

• Follow up on any additional court directives, such as:

o Submission of missing documentation.

o Compliance deadlines for alimony or property transfer.

• Prepare a case closure report summarizing:

o Outcome of the hearing.

o Finalized terms of the divorce.

o Next steps or follow-up actions required from either party.

• Notify both parties of their obligations under the finalized agreement and provide

them with certified copies of the decree and settlement agreement. the

Hearing**

• Verify residency requirements.

• Confirm both parties have signed the Marital Settlement Agreement.

• Ensure the agreement covers all issues: property, alimony, child custody (if

applicable), debts, and waivers.

• Confirm that neither party has acted outside the agreement or disposed of marital

assets.

During the Hearing

• Ensure clear and consistent testimony from both parties.

• Confirm voluntariness and lack of coercion or influence.

• Reiterate mutual consent and satisfaction with the agreement.

After the Hearing

• Verify the divorce decree includes the incorporation of the Marital Settlement

Agreement.

• Ensure compliance with any additional court orders or directives.