Maryland Uncontested Divorce — Your Complete Filing Guide

What This Packet Does

This packet helps you file for an uncontested divorce in Maryland when both spouses agree to end the marriage. Maryland allows no-fault divorce on the grounds of mutual consent — you don't need to prove anyone did anything wrong. If you and your spouse agree on all terms and sign a settlement agreement, you can complete your divorce without a lawyer.

Is This Packet Right for You?

Use this packet if:

• Both you AND your spouse want the divorce and agree on all terms
• You or your spouse have lived in Maryland for at least 6 months
• You agree on how to divide all property and debts
• Neither spouse is contesting the divorce (no arguments about terms)
• **There are no minor children, OR both parents agree on custody and support

Do NOT use this packet if:

• Your spouse refuses to sign the agreement
• You cannot agree on property, debts, or custody
• There is domestic violence or you fear for your safety
• Complex assets or businesses are involved

If any of these apply, contact a lawyer or legal aid organization listed at the end of this guide.

Maryland Divorce Laws You Need to Know

g:No-Fault Grounds (Md. Code, Family Law § 7-103(a)(3))

> "The court may decree an absolute divorce on the following grounds: mutual consent, if: (i) the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to: alimony, the distribution of property, including the family home, and custody and visitation, and child support."

What this means: You don't need to prove fault. If both parties:

• Sign a written settlement agreement
• Resolve all issues (property, alimony, custody)
• Submit the agreement to the court

Residency Requirement (Md. Code, Family Law § 7-101)

g:**If the grounds for the divorce occurred outside this State, a party may not apply for a divorce unless one of the parties has resided in this State for at least 6 months before the application is filed."

What this means: You OR your spouse must have lived in Maryland for at least 6 months before filing.

g:Property Division (Md. Code, Family Law § 8-210)

What this means: Maryland divides property "equitably" — fairly, not necessarily 50/50. The court considers:

• Length of marriage
• Income and earning capacity of each spouse
• Age and health of both parties
• Contributions to the marriage (including as homemaker)

Before You File — Documents to Gather

g Gather these items before starting:

Personal Information:

• [ ] Your full legal name, address, phone, email
• [ ] Your spouse's full legal name, address, phone, email
• [ ] Date and location of your marriage
• [ ] Your Maryland driver's license or state ID (proof of residency)

Financial Documents:

• [ ] Bank statements (all accounts, last 3 months)
• [ ] Pay stubs (last 3 months) for both spouses
• [ ] Tax returns (last 2 years)
• [ ] Retirement account statements (401k, IRA, pension)
• [ ] Investment account statements
• [ ] Credit card statements (all cards)
• [ ] Loan documents (mortgage, car loans, student loans)
• [ ] Property deeds and vehicle titles

For the Court:

• [ ] $150-200 for filing fee (cash, money order, or credit card)
• [ ] Access to a notary public (banks, UPS stores, libraries)
• [ ] Original marriage certificate (or certified copy)

Step-by-Step Filing Instructions

g:Step 1: Complete the Complaint for Absolute Divorce

1. Open the md-uncontested-divorce-court-doc.md file.
2. Fill in every bracketed field [LIKE THIS] with your information.
3. Delete sections that do not apply.
4. Do not sign yet. You will sign in front of a notary.

Step 2: Complete the Marital Settlement Agreement

1. Open the md-marital-settlement-agreement.md file.
2. Work through this WITH your spouse. Both of you must agree on everything.
3. List all property, debts, and other terms completely.
4. This becomes a court order — be thorough.
5. Do not sign yet. Signatures must be notarized.

Step 3: Have the Agreement Notarized

1. Go to a notary public (banks, UPS stores, libraries often have one).
2. Bring valid photo ID for both parties.
3. Both spouses must sign IN FRONT OF THE NOTARY.
4. The notary will complete the acknowledgment sections.

Step 4: Make Copies

Make 3 copies of each document:

• 1 original for the court
• 1 copy for your spouse
• 1 copy for yourself

Step 5: File with the Circuit Court

1. Go to the Circuit Court in your county (see locations below).
2. Bring all original documents plus copies.
3. Tell the clerk you are filing for an uncontested divorce.
4. Pay the filing fee ($150-200 depending on county).
5. Fee Waiver: If you cannot afford the fee, ask for a "Request for Waiver of Prepaid Costs." Complete it and submit with your documents.

The clerk will:

• Assign a case number
• Stamp your copies
• Schedule a hearing date

Write down your case number and hearing date immediately.

Step 6: The Uncontested Hearing

1. Bring:

• Your stamped copy of the filed documents
• The signed and notarized Settlement Agreement
• Photo ID
• Your spouse (or proof they signed the Agreement)

1. What Happens:

• The judge will call your case
• You will be sworn in
• The judge will ask if the marriage is irretrievably broken
• The judge will review your Agreement
• The judge will sign the Final Decree of Absolute Divorce

1. What to Say:

• "Your Honor, I am [NAME], the Petitioner."
• "I have lived in Maryland for more than six months."
• "The marriage is irretrievably broken."
• "My spouse and I have signed a Settlement Agreement resolving all issues."
• "I ask that the Court grant the divorce and approve our agreement."

Step 7: Get Certified Copies

After the hearing:

1. Ask the clerk for 2-3 certified copies of the Final Decree.
2. There may be a small fee ($5-10 per copy).
3. Use certified copies to:

• Change your name (if applicable)
• Update bank accounts
• Transfer vehicle titles
• Update insurance policies

Timeline Overview

Total time: Approximately 2-3 months

Maryland Circuit Court Locations

Hours: Monday-Friday, 8:30 AM - 4:30 PM (varies by county — call ahead)

Legal Aid Resources — Free and Low-Cost Help

g:Maryland Legal Aid Organizations

Legal Aid Bureau, Inc.

• Phone: (800) 999-8904
• Services: Free legal services for low-income Maryland residents
• Website: www.labor.org

Maryland Legal Aid

• Phone: (410) 539-5340 (Baltimore)
• Services: Family law, housing, public benefits
• Website: www.mdlab.org

Community Legal Services of Prince George's County

• Phone: (301) 864-8350
• Services: Family law, housing, consumer issues

Civil Justice, Inc.

• Phone: (410) 706-0174
• Services: Low-cost legal services for moderate-income Marylanders

Montgomery County Bar Foundation Pro Bono Program

• Phone: (301) 279-9250
• Services: Free legal assistance for qualifying residents

National Resources

LawHelp.org

• Website: www.lawhelp.org
• Find legal aid by state and issue

Legal Services Corporation (LSC)

• Find legal aid: www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Domestic Violence Resources

Maryland Domestic Violence Hotline

• Phone: (800) 634-3548
• 24/7 confidential support

National Domestic Violence Hotline

• Phone: (800) 799-7233
• Website: www.thehotline.org

Common Questions

Q: Can I get divorced if my spouse won't sign anything?

A: No, not with this packet. This requires both spouses to agree and sign the settlement agreement. If they refuse, you need a contested divorce. Consult a lawyer or legal aid.

Q: How long do we have to be separated?

A: Under mutual consent, you don't need to be separated for a specific period, but you must have lived separate and apart (not under the same roof).

Q: Do we have to go to court together?

A: Yes, both parties typically need to appear at the hearing. Check with your county's Circuit Court.

Q: Can I change my name back to my maiden name?

A: Yes. Request this in the complaint and Agreement. The judge will include it in the Final Decree at no extra cost.

g:Q: What if I can't find my spouse?

A: You cannot use this packet. You'll need to serve by publication (newspaper notice). Consult a lawyer or legal aid.

Checklist Before Filing

• [ ] Residency requirement met (6 months in Maryland)
• [ ] Complaint for Absolute Divorce completed (all fields filled)
• [ ] Marital Settlement Agreement completed (all property and debts listed)
• [ ] Both spouses signed Agreement in front of notary
• [ ] All documents printed (original + 2 copies each)
• [ ] Filing fee ready ($150-200) or Waiver request completed
• [ ] Proof of residency (driver's license or utility bill)
• [ ] Know your county's Circuit Court location and hours

Disclaimer

This guide and all documents are for informational purposes only and do not constitute legal advice. Divorce laws are complex and subject to change. Property division, spousal support, and child custody have specific rules that may affect your rights.

Jurist-Diction is not a law firm. We are not your attorney. No attorney-client relationship exists by your use of these materials.

If you have questions about your specific situation, legal advice, contact a licensed Maryland attorney or the legal aid organizations listed above.

Templates are for informational purposes only and do not constitute legal advice.