Divorce in Maryland involves several structured steps, but recent legal reforms have made the process faster for couples who agree on key terms. Whether you're filing in Baltimore, Rockville, or a smaller county, this guide outlines everything you need to know — from grounds for divorce to the final decree.
Residency Requirements
To file for divorce in Maryland, at least one spouse must have lived in the state for a minimum of six months. If the grounds for divorce occurred outside the state, Maryland requires that either party be a current resident when filing.
Types of Divorce
Maryland historically recognized two types of divorce: limited divorce and absolute divorce. Today, most couples file for absolute divorce, which fully ends the marriage and resolves all issues. Limited divorce — a form of legal separation — is now rarely used.
Grounds for Divorce
Maryland offers multiple legal grounds for divorce, including both no-fault and fault-based options. The most common no-fault ground is mutual consent, which does not require a separation period if the couple signs a written settlement agreement. Fault-based grounds include adultery, cruelty, and desertion.
"Mutual consent allows Maryland couples to divorce without any separation period — a progressive option that streamlines uncontested cases."
Filing the Divorce Complaint
The divorce process begins when one spouse (the petitioner) files a Complaint for Absolute Divorce in the county circuit court. This filing includes basic facts about the marriage, grounds for divorce, and requests for relief such as alimony, child support, or property division.
Serving the Other Spouse
After filing, the complaint must be legally served on the other spouse (the respondent). This can be done by sheriff, private process server, or certified mail with a return receipt. Maryland courts require proof of service to move forward with the case.
Separation Requirements (If Applicable)
While mutual consent divorce eliminates the need for separation, other no-fault divorces may require a 6-month separation period (if both parties consent and live separately), or 12 months if only one spouse initiates. Fault-based divorces do not require separation.
Temporary and Interim Orders
During the divorce, either party may request temporary relief for child custody, child support, spousal support, or use of the marital home. These temporary orders remain in effect until replaced by a final court judgment or agreement.
Division of Property
Maryland follows an equitable distribution model. The court distinguishes between marital property and non-marital property — only marital property is subject to division. The court considers several factors, including the length of the marriage, economic contributions, and each spouse's financial situation.
Spousal Support (Alimony)
Alimony may be awarded on a temporary, rehabilitative, or indefinite basis. Courts consider factors such as age, health, earning capacity, standard of living during the marriage, and each party's financial need.
Child Custody and Support
Custody is decided based on the best interests of the child. Maryland encourages joint legal custody when appropriate. Physical custody arrangements may vary, and the court aims to ensure stability. Child support is calculated using a formula that includes both parents' incomes, healthcare expenses, and parenting time.
"Maryland's family courts prioritize the child's best interests above all, encouraging shared parental decision-making when possible."
Finalizing the Divorce
Once all issues are resolved — either by settlement or court decision — a judge will issue a Judgment of Absolute Divorce. This document officially ends the marriage and outlines all terms related to custody, support, and property.
Key Points to Remember
- Mutual consent allows no-wait divorce with agreement
- Residency required if grounds occurred out-of-state
- Separation period required for some no-fault cases
- Marital property divided equitably
- Best interest of the child governs custody decisions
Divorce in Maryland can be straightforward or complex depending on the couple's situation. Having a clear understanding of the process helps you make informed decisions. In more complicated cases, legal guidance may be the best way to ensure your rights are protected.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Maryland divorce papers or browse Maryland divorce lawyers to get the help you need.