Maryland Divorce Guide

Divorce in Maryland

Maryland law provides for absolute divorce on several grounds under Md. Code Fam. Law § 7-103. The most commonly used ground is mutual consent (§ 7-103(a)(8)), which allows uncontested divorce without any waiting period when spouses agree on all issues. Divorces are filed in Circuit Court.

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Grounds for Divorce in Maryland — § 7-103

Maryland abolished the distinction between "limited" and "absolute" divorce in 2023. All divorces in Maryland are now absolute divorces. The available grounds are:

Mutual Consent (§ 7-103(a)(8))

Most Common — No Wait

Spouses agree on all terms: property division, alimony, and (if applicable) child custody and support. No waiting period. A written settlement agreement must be filed with the court. Either spouse may withdraw consent before the divorce is granted.

12-Month Separation (§ 7-103(a)(4))

No Fault — 12 Months

Spouses live separate and apart without cohabitation for 12 months without interruption. Effective October 1, 2023 (reduced from 2 years). No agreement required — useful when spouses cannot agree on all terms.

Irreconcilable Differences (§ 7-103(a)(7))

No Fault — Immediate

Added in 2023 reform. Allows divorce based on irreconcilable differences without a separation period if the court is satisfied the marriage is irretrievably broken. Functionally similar to mutual consent but does not require a written agreement.

Adultery (§ 7-103(a)(1))

Fault-Based

One spouse voluntarily had sexual relations with another person during the marriage. The complaining spouse must not have condoned the adultery or also committed adultery.

Cruelty / Excessively Vicious Conduct (§ 7-103(a)(5)-(6))

Fault-Based

Physical cruelty toward the complaining spouse or a minor child, or conduct rendering it unsafe to continue cohabitation.

Desertion (§ 7-103(a)(2)-(3))

Fault-Based — 12 Months

One spouse deserted the other without cause or consent for 12 continuous months. Can be actual (physical leaving) or constructive (forced out of the home).

Maryland Residency Requirements — § 7-101

To file for divorce in Maryland, one of the following residency conditions must be met:

✓

Both spouses are Maryland residents

No minimum duration required — file immediately

✓

The ground for divorce occurred in Maryland

Either spouse may be a Maryland resident; the act (adultery, desertion, etc.) took place in Maryland

✓

One spouse has lived in Maryland for at least 6 months

And the ground for divorce occurred outside Maryland; the Maryland resident must have been a resident for at least 6 months before filing

File in the Circuit Court for the county where either spouse lives. For Baltimore City, file in the Circuit Court for Baltimore City.

Maryland Uncontested Divorce Process (Mutual Consent)

Negotiate and draft a settlement agreement

Before filing, both spouses must reach a complete written agreement covering: division of all marital property and debts, alimony (if any), and — if you have minor children — a parenting plan with custody, visitation, and child support calculations. The agreement must be signed by both parties.

Prepare and file the complaint for absolute divorce

File a Complaint for Absolute Divorce in the Circuit Court of the county where you or your spouse lives. Include the Joint Statement of Marital and Non-Marital Property (DOM/REL 33 or similar), settlement agreement, and any parenting plan. Filing fee: approximately $165 in most counties.

Serve the defendant spouse

The non-filing spouse must be served with the divorce papers. For an uncontested mutual consent divorce, the defendant can file an Acceptance of Service (accepting service without a process server). Alternatively, a private process server or sheriff can serve them.

Defendant files an answer (or waiver)

In a mutual consent divorce, the defendant typically files a Consent Answer accepting the divorce and confirming agreement to the settlement terms. This confirms there is no contest and triggers the court's scheduling of a hearing.

Attend the final hearing

Maryland Circuit Courts require an in-person hearing even for uncontested divorces (unlike some states). The hearing is typically brief (15–30 minutes). Both spouses must appear. The judge will review the settlement agreement and ask a few questions to confirm the marriage is irretrievably broken and the agreement is fair.

Receive the Judgment of Absolute Divorce

The judge signs the Judgment of Absolute Divorce at the hearing or shortly after. You are legally divorced from the date it is entered. The clerk will provide certified copies. You will need certified copies for name change purposes, refinancing, and other legal matters.

Property Division in Maryland — § 8-202

Maryland is an equitable distribution state. This means marital property is divided fairly — not necessarily 50/50. The court considers numerous factors under § 8-205 to determine what is equitable under the circumstances.

Marital Property (divisible)

•Property acquired during the marriage
•Income earned during the marriage
•Retirement accounts funded during marriage
•Home purchased during marriage
•Debts incurred during marriage

Non-Marital Property (not divisible)

•Property owned before marriage
•Inheritances (even if received during marriage)
•Gifts from third parties
•Property excluded by valid prenuptial agreement
•Personal injury awards for pain/suffering

Note: Maryland courts can only transfer marital property. They cannot transfer non-marital property. Mixed property (purchased before marriage but improved with marital funds) requires tracing.

Alimony (Spousal Support) — § 11-106

Rehabilitative Alimony

Most common. Temporary support while the dependent spouse becomes self-supporting through education or job training. Has a defined end date. Modifiable if circumstances change significantly.

Indefinite Alimony

Permanent support — granted only when (1) it would be unconscionable to require the dependent spouse to become self-supporting due to age, illness, or disability, OR (2) there is an unconscionable disparity in living standards after rehabilitation.

Alimony Pendente Lite

Temporary alimony during the divorce proceedings. Terminates when the final divorce decree is entered.

Factors Considered (§ 11-106(b))

Duration of marriage, standard of living, each spouse's ability to earn, financial needs, age/health, financial contributions/sacrifices, any award of property.

Child Support in Maryland — § 12-204

Maryland uses the income shares model under Md. Code Fam. Law § 12-204. Both parents' gross incomes are combined, and the total support obligation is determined from state guidelines tables. Each parent pays proportionally based on their share of combined income.

Both parents' gross incomes are totaled (salaries, wages, self-employment, investment income)

The combined basic support obligation is determined from the state guidelines schedule

Add work-related child care costs and health insurance premiums to the basic obligation

Each parent pays their pro-rata share of the total obligation

The paying parent (non-custodial) typically owes the higher share

Use the Maryland Child Support Guidelines Worksheet (available at mdcourts.gov) to calculate the presumptive amount. Either parent can seek deviation from the guidelines by showing exceptional circumstances.

Where to File — Maryland Circuit Courts

File in the Circuit Court for the county where you or your spouse currently resides.

Baltimore City

Circuit Court for Baltimore City

Clarence M. Mitchell Jr. Courthouse

Baltimore County

Circuit Court for Baltimore County

Towson

Prince George's County

Circuit Court for Prince George's County

Upper Marlboro

Montgomery County

Circuit Court for Montgomery County

Rockville

Anne Arundel County

Circuit Court for Anne Arundel County

Annapolis

Howard County

Circuit Court for Howard County

Ellicott City

All 24 Maryland counties/Baltimore City have Circuit Courts. Find your court at mdcourts.gov/circuit.

Free Legal Help in Maryland

Maryland Legal Aid

410-539-5340

Free divorce help for qualifying low-income residents; domestic violence cases prioritized

House of Ruth Maryland

410-889-0840

Free legal help for domestic violence survivors seeking divorce in Baltimore

Maryland Courts Self-Help Centers

mdcourts.gov

Divorce forms and instructions for all Maryland Circuit Courts

Community Legal Services of PG County

301-864-8354

Free family law help in Prince George's County

File Your Maryland Divorce

Maryland Divorce Documents

Get a complete Maryland divorce packet — mutual consent divorce complaint, marital settlement agreement, property division worksheet, child support guidelines, and plain-English filing instructions for Maryland Circuit Court.

Get Divorce Documents — $97

For informational purposes only. Not legal advice. Consult an attorney for your specific situation.