How to Get a Divorce in Maryland: A Complete Guide

If you’re considering divorce in Maryland, you probably have questions about how the process works, what’s required, and how long it will take. Maryland’s divorce laws changed significantly in 2023, making the process more accessible for many couples. Here’s what you need to know.

Maryland’s New Divorce Law: What Changed in 2023

Before October 2023, Maryland required couples to live separately for 12 months before filing for divorce on no-fault grounds. This created hardships for many families—particularly those who couldn’t afford to maintain two households.

The new law eliminated the separation requirement entirely. Maryland now offers true no-fault divorce, allowing couples to divorce based on “mutual consent” or “irreconcilable differences” without proving wrongdoing or waiting out a separation period.

For a detailed breakdown of these changes, see our article on Maryland’s new divorce law explained.

Residency Requirements

Before filing for divorce in Maryland, at least one spouse must meet residency requirements:

• General rule: At least one spouse must have been a Maryland resident for at least six months before filing
• Insanity grounds: If filing based on a spouse’s insanity, the residency requirement extends to two years
• Where to file: File in the circuit court of the county where either spouse resides

If neither spouse currently lives in Maryland, you generally cannot file for divorce here—even if you were married in Maryland.

Grounds for Divorce in Maryland

Maryland recognizes several grounds (legal reasons) for divorce:

No-Fault Grounds

Mutual Consent - Both spouses agree to divorce and have resolved all issues (or have no issues to resolve). This is typically the fastest path to divorce.

Irreconcilable Differences - The marriage has broken down and there’s no reasonable prospect of reconciliation. Unlike mutual consent, this ground doesn’t require both spouses to agree—one spouse can file even if the other opposes the divorce.

Six-Month Separation - The spouses have lived separate and apart without cohabitation for six months. While no longer required, separation remains an available ground.

Fault-Based Grounds

Maryland still recognizes fault-based grounds, which may be relevant for property division or other issues:

• Adultery
• Desertion for 12 months or more
• Cruelty or excessively vicious conduct toward the complaining spouse or a minor child
• Conviction of a felony or misdemeanor with a sentence of at least three years (and one year served)
• Insanity with confinement for at least three years

Most divorces today proceed on no-fault grounds, but fault can still affect alimony and property division in some cases.

Types of Divorce in Maryland

Absolute Divorce

An absolute divorce completely ends the marriage. After an absolute divorce, you can:

• Remarry
• Divide marital property
• Establish alimony obligations
• Finalize child custody and support arrangements

This is what most people mean when they talk about “getting a divorce.”

Limited Divorce

A limited divorce is essentially a court-supervised separation. It doesn’t end the marriage—you can’t remarry—but it does allow the court to:

• Order child custody and support
• Award use and possession of the family home
• Order alimony
• Address other issues while the marriage remains intact

Limited divorces are less common today since the separation requirement was eliminated, but they may still serve a purpose in some situations.

The Divorce Process: Step by Step

Step 1: Consult with an Attorney

Before taking any action, meet with a family law attorney to understand your rights and options. Maryland divorce involves complex issues—property division, child custody, support obligations—that benefit from professional guidance.

Step 2: Gather Financial Information

Compile documentation about your finances:

• Bank and investment account statements
• Retirement account information
• Real estate records
• Vehicle titles
• Credit card and loan statements
• Tax returns (typically three years)
• Pay stubs and employment information
• Business records if applicable

Complete financial disclosure is required in Maryland divorces.

Step 3: File the Complaint

The divorce process officially begins when one spouse (the plaintiff) files a Complaint for Absolute Divorce with the circuit court. The complaint must include:

• Names and addresses of both spouses
• Date and place of marriage
• Grounds for divorce
• Information about children of the marriage
• Requested relief (custody, support, property division, etc.)

Filing fees vary by county but typically range from $165 to $185.

Step 4: Serve the Other Spouse

The defendant (non-filing spouse) must be formally notified of the divorce proceeding. This typically happens through:

• Personal service by the sheriff or a private process server
• Certified mail with acknowledgment
• Acceptance of service if the defendant agrees to accept the papers

The defendant has 30 days (60 days if served outside Maryland) to file a response.

Step 5: Discovery and Negotiation

Both parties exchange financial information and other relevant documents. Your attorneys may negotiate to resolve contested issues through:

• Direct negotiation
• Mediation
• Collaborative divorce
• Settlement conferences

Most divorces settle without trial. Settlement allows you to control the outcome rather than leaving decisions to a judge.

Step 6: Trial (If Necessary)

If you can’t reach agreement on all issues, the court will schedule a trial. A judge will hear evidence and testimony, then make decisions about:

• Property and debt division
• Alimony
• Child custody and visitation
• Child support

Trials are expensive, time-consuming, and emotionally draining. Most attorneys encourage settlement whenever possible.

Step 7: Final Decree

Once all issues are resolved—by agreement or trial—the court issues a Judgment of Absolute Divorce. This document officially ends your marriage and sets forth all terms regarding property, support, and children.

Key Issues in Maryland Divorce

Property Division

Maryland follows “equitable distribution” principles—marital property is divided fairly, though not necessarily equally. The court considers factors including:

• Each spouse’s contributions to the marriage
• The value of each spouse’s property
• Economic circumstances of each spouse
• How and when property was acquired
• Duration of the marriage
• Age and health of each spouse

Marital property includes most assets acquired during the marriage, regardless of whose name is on the title.

Alimony

Maryland courts may award several types of alimony:

• Temporary alimony during the divorce process
• Rehabilitative alimony to help a spouse become self-supporting
• Indefinite alimony in cases of long marriages or significant income disparity

Courts consider factors including the length of marriage, each spouse’s financial resources, and contributions to the family.

Child Custody

Maryland courts prioritize the best interests of the child when determining custody. Factors include:

• Each parent’s fitness and character
• The child’s relationships with each parent
• Each parent’s ability to maintain family relationships
• The child’s preferences (if old enough)
• Geographic proximity of the parents
• Each parent’s willingness to share custody

Learn more about custody in Maryland.

Child Support

Maryland uses income-based guidelines to calculate child support. The guidelines consider:

• Both parents’ gross incomes
• Health insurance costs
• Work-related childcare expenses
• Extraordinary medical expenses
• Number of children

Courts may deviate from guidelines in exceptional circumstances.

How Long Does Divorce Take in Maryland?

The timeline varies significantly based on your situation:

Uncontested divorce with mutual consent: As quick as 30-60 days after filing if all paperwork is in order and no children are involved.

Uncontested divorce with children: Typically 2-4 months to allow for proper review of custody and support arrangements.

Contested divorce: 6 months to 2+ years depending on the complexity of issues and court schedules.

Uncontested vs. Contested Divorce

Uncontested Divorce

An uncontested divorce means both spouses agree on all issues:

• Grounds for divorce
• Property and debt division
• Alimony (or waiver of alimony)
• Child custody and visitation
• Child support

Uncontested divorces are faster, less expensive, and less stressful. If you can work with your spouse to reach agreement, this is usually the best path.

Contested Divorce

A contested divorce means spouses disagree on one or more issues. Even one disputed issue makes the divorce “contested” and requires court intervention.

Contested divorces involve more attorney time, higher costs, and longer timelines. However, sometimes litigation is necessary to protect your rights or your children’s interests.

Protecting Yourself During Divorce

Don’t Move Out Hastily

Leaving the family home can affect custody determinations and your claim to the property. Consult an attorney before making major changes to your living situation.

Document Everything

Keep records of finances, communications with your spouse, and anything relevant to custody. Don’t destroy documents—that can create serious legal problems.

Stay Off Social Media

Posts, photos, and messages can be used as evidence. Assume anything you share online will be seen by your spouse’s attorney.

Put Children First

Don’t use children as messengers or involve them in adult conflicts. Courts look unfavorably on parents who put children in the middle.

Get Professional Support

Divorce is emotionally challenging. Consider working with a therapist or counselor to help you navigate this transition.

We Can Help

At Leffler, Bayoumi & Oliver, we guide clients through every stage of the divorce process. Whether you’re hoping for an amicable resolution or need aggressive representation in a contested case, we’ll protect your interests and help you move forward.

Contact us to schedule a consultation and learn how we can help with your Maryland divorce.