An uncontested divorce is one where you and your spouse agree on everything: property, debts, alimony and, if you have children, custody and support. In Maryland and Washington, DC that agreement now lets you finish a divorce without any separation period. Ozek Law Firm, LLC, in Bethesda, handles uncontested divorces for couples across Montgomery County and the District, including couples where one or both spouses are immigrants and the divorce touches a green card, visa or citizenship application.
You are a good candidate if both of you want the marriage to end and you can agree, or expect to agree with some help, on how to divide what you own and owe, whether either spouse will pay support, and how you will share time with and support your children. You do not need to be in the same room, the same state or even the same country: we regularly finalize cases where one spouse lives abroad.
If your spouse refuses to participate, hides assets, or there is a history of abuse, the case may still be resolved without a trial, but it is not “uncontested” in the legal sense. We will tell you plainly which path fits your situation at the first consultation.
Since October 1, 2023, Maryland recognizes only three grounds for an absolute divorce (Md. Code, Family Law § 7-103): a six-month separation, irreconcilable differences, and mutual consent. Limited divorce no longer exists. Two changes matter most for couples who agree:
One spouse must be a Maryland resident; if the reason for the divorce arose outside Maryland, that spouse must have lived in the state for six months before filing. Cases from Bethesda, Chevy Chase, Rockville, Silver Spring, Gaithersburg and Potomac are filed in the Circuit Court for Montgomery County in Rockville. The court filing fee for a complaint for absolute divorce is $165 (fee schedule effective October 1, 2025).
Maryland still requires a short hearing at which at least one spouse testifies, usually before a family magistrate. We prepare you for the questions, which follow the agreement you already signed. Corroborating witnesses are no longer required.
Effective January 26, 2024, the District of Columbia removed its separation requirement (D.C. Law 25-115). Under D.C. Code § 16-904, a divorce is granted upon the assertion by one or both spouses that they no longer wish to remain married. There is no required period of separation before you can file.
One spouse must have been a bona fide D.C. resident for the six months before filing; it does not matter where you were married. The uncontested path in D.C. Superior Court Family Court is straightforward: a Complaint for Absolute Divorce, a Consent Answer signed by the other spouse, and a Joint Request for an Uncontested Divorce Hearing. The filing fee is $80. Hearings are brief and, for good cause, may be held remotely.
Two details we manage for every D.C. client: the decree becomes final 30 days after it is docketed unless both spouses file a Joint Waiver of Appeal, which makes it final immediately, and a spouse signing documents outside the United States must use the specific out-of-country declaration the court rules require. Both matter when an immigration filing is waiting on the final decree.
Neither jurisdiction imposes a statutory waiting period on a divorce by agreement. In practice the timeline is driven by three things: how quickly the settlement agreement is finalized and signed, how quickly the other spouse is served or signs an acceptance of service (30 to 90 days may be allowed for an answer depending on where the spouse lives), and the court’s calendar for the uncontested hearing. Many agreed cases in Montgomery County and D.C. finish within a few months of filing. If you need the decree by a particular date, for example before an I-751 or N-400 filing, tell us at the outset and we will plan the sequence around it.
Court fees are modest: $165 in the Maryland circuit courts and $80 in D.C. Superior Court, and both courts waive fees for people who qualify. Attorney fees for a true uncontested case are far lower than for litigation because the work is drafting, filing and one hearing rather than discovery and trial. We quote our fee for uncontested divorces in writing at the consultation, so you know the total cost before we begin. Maryland and D.C. rules prohibit contingency fees in divorce matters, so no lawyer may take a percentage of your settlement.
Most divorce lawyers do not practice immigration law, and most immigration lawyers do not file divorces. We do both, which changes how your case is planned. A divorce can end a pending marriage-based green card application, start the clock on an I-751 waiver for a conditional resident, take an H-4, L-2 or E-2 spouse out of status with no grace period, disqualify an N-400 filed under the three-year rule, or leave a sponsor bound by an I-864 Affidavit of Support long after the marriage ends. The timing of the decree and the wording of the agreement can protect or damage each of these positions.
We walk through each of these scenarios with you at the consultation. In every uncontested divorce we handle for an immigrant client, the immigration review is part of the case, not a separate engagement.
Many of our clients married abroad, or have a spouse who now lives in Türkiye, Latin America, the Middle East, Europe or Asia. Both Maryland and D.C. allow the divorce to proceed here as long as the residency rule is met by the spouse who files. We handle service under the Hague Service Convention through the foreign central authority (several countries, including Türkiye, do not permit service by mail), or a signed consent that avoids formal service. Foreign marriage certificates are translated and certified. After the decree, we prepare the apostilled documents that foreign civil registries require, and coordinate with local counsel where a separate recognition proceeding is needed.
Bethesda, Chevy Chase, Rockville, Silver Spring, Gaithersburg, Potomac, Germantown, Wheaton, Takoma Park and all of Montgomery County; Prince George’s County; and every ward of Washington, DC. We also handle uncontested divorces in New York and, with local co-counsel, California and Texas.
Tolga Ozek founded Ozek Law Firm and has spent more than 13 years guiding individuals, families, investors and companies through U.S. immigration and business law, in English and Turkish. He is admitted in Washington, D.C., Maryland and New York.
No. Since October 1, 2023, spouses who sign a written settlement agreement can divorce by mutual consent with no separation period. Separation of six months remains a separate ground, and spouses living separate lives under the same roof count as separated.
No. Since January 26, 2024, a D.C. divorce is granted when one or both spouses state that they no longer wish to remain married. The only timing rule is six months of D.C. residency by one spouse before filing.
Yes. Your settlement agreement must resolve custody, access and child support and attach a completed child support guidelines worksheet. The court confirms that the terms serve the children’s best interests before granting the divorce.
In Maryland at least one spouse attends a short hearing and answers questions under oath about the agreement. In D.C. an uncontested hearing is scheduled on request and may be held remotely for good cause. We prepare you and attend with you.
Court filing fees are $165 in Maryland and $80 in D.C., with waivers for those who qualify. Our attorney fee for an uncontested case is quoted in writing at the consultation. Contingency fees are not permitted in divorce cases.
The divorce can still be filed in Maryland or D.C. if you meet the residency rule. Your spouse can sign a consent or acceptance of service, or we serve the papers under the Hague Service Convention. Documents signed abroad must follow specific court formalities, which we handle.
A ten-year green card is not affected. A two-year conditional card requires an I-751 waiver based on a good-faith marriage once the divorce is final. A pending marriage-based application generally cannot be approved after the divorce. We review your status before filing so the sequence protects you.
Yes. Both Maryland (Family Law section 7-105) and D.C. (D.C. Code section 16-915) restore a former name in the divorce decree on request, and Maryland allows the request up to 18 months after the decree.
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