Divorce in Maryland: A Complete Guide

Introduction

If you are considering a divorce in Maryland, understanding the state's laws and procedures is an essential first step. Maryland's divorce landscape changed significantly on October 1, 2023, when the legislature enacted Senate Bill 36, transforming the state into an exclusively no-fault divorce jurisdiction. This means that spouses no longer need to prove wrongdoing — such as adultery, cruelty, or desertion — to end their marriage.

While the shift to no-fault divorce has simplified the legal grounds, the process itself still involves important decisions about property division, child custody, spousal support, and more. This comprehensive guide walks you through everything you need to know about divorce in Maryland, from the initial filing requirements to the final decree.

Grounds for Divorce in Maryland

As of October 1, 2023, Maryland is exclusively a no-fault divorce state. The legislature eliminated all fault-based grounds that previously existed — including adultery, desertion, cruelty, and criminal conviction — and replaced them with streamlined no-fault options.

Available No-Fault Grounds

There are now three primary grounds on which you can file for an absolute divorce in Maryland:

1. Mutual Consent — Both spouses agree to the divorce. This ground is available when the parties have resolved all issues related to property, alimony, and child custody (if applicable) through a written settlement agreement. Neither a waiting period nor a period of separation is required.

2. Irreconcilable Differences — One or both spouses assert that the marriage is irretrievably broken due to irreconcilable differences. A court may grant a divorce on this ground even if the other spouse does not agree, provided the court is satisfied that there is no reasonable prospect of reconciliation. No mandatory waiting period applies.

3. Six-Month Separation — The spouses have lived separate and apart, without cohabitation, for at least six consecutive months before filing. This ground can be useful when mutual consent is not achievable and when a spouse wants a clear, time-based pathway to divorce.

What the Elimination of Fault-Based Grounds Means

Because Maryland no longer recognizes fault-based grounds, you cannot file for divorce based on allegations of adultery, abuse, or other misconduct. However, a spouse's conduct during the marriage may still be relevant in certain contexts — for example, when the court determines alimony or, in limited circumstances, property distribution.

Residency Requirements

Under Maryland law, at least one spouse must be a resident of the State of Maryland to file for divorce. The specific duration of residency depends on the circumstances of the case:

• General rule: If the grounds for divorce arose within Maryland, there is generally no minimum durational residency requirement beyond establishing that at least one spouse is a bona fide Maryland resident at the time of filing.
• Grounds arising outside of Maryland: If the grounds for divorce arose outside of the state — for example, if the spouses separated while living in another state — at least one spouse must have been a resident of Maryland for a minimum of six months before filing.

It is important to file in the correct county. Typically, you file in the circuit court of the county where either spouse resides. If you are unsure which jurisdiction applies, consult with a local family law attorney or the clerk of the circuit court.

Property Division

Maryland is an equitable distribution state. This means that marital property is divided fairly — but not necessarily equally — between the spouses during a divorce.

Marital Property vs. Non-Marital Property

The first step in property division is classifying assets and debts as either marital or non-marital:

• Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title.
• Non-marital property includes assets owned before the marriage, inheritances received by one spouse individually, and gifts from third parties to one spouse, provided these were kept separate and not commingled with marital funds.

Factors the Court Considers

When dividing marital property, the court considers a number of factors, including but not limited to:

• The contributions, both monetary and non-monetary, of each spouse to the well-being of the family
• The value of all property interests of each spouse
• The economic circumstances of each spouse at the time the division is to become effective
• The circumstances that contributed to the estrangement of the parties
• The duration of the marriage
• The age and health of each spouse
• How and when specific marital property was acquired
• Any alimony or spousal support award
• Any other factor the court considers necessary or appropriate to arrive at a fair and equitable monetary award or property disposition

It is worth noting that the court does not simply split everything 50/50. Instead, the judge exercises discretion to reach an outcome that is equitable given all the relevant facts.

Child Custody and Support

When a divorcing couple has minor children, custody and child support are often the most emotionally charged issues.

Types of Custody

Maryland recognizes two types of custody:

• Legal custody — The right to make major decisions about the child's life, including education, healthcare, and religious upbringing. Legal custody can be sole (one parent) or joint (both parents).
• Physical custody — Where the child actually lives on a day-to-day basis. Physical custody can also be sole or shared.

Best Interests of the Child Standard

Maryland courts decide custody based on the best interests of the child. Factors the court evaluates include:

• The fitness and character of each parent
• The relationship between the child and each parent
• The preference of the child (if the child is of sufficient age and maturity)
• The potential for maintaining natural family relations
• The ability of each parent to maintain a stable home environment
• Each parent's willingness to share custody and foster a relationship between the child and the other parent
• Any history of domestic violence or abuse

Child Support

Maryland uses statutory Child Support Guidelines to calculate the amount of support. The guidelines consider both parents' gross incomes, the cost of health insurance for the child, work-related childcare expenses, the number of overnights with each parent, and other relevant factors. In cases involving combined monthly incomes above a certain threshold, the court has discretion to deviate from the guidelines.

Spousal Support (Alimony)

Spousal support, commonly referred to as alimony, may be awarded to either spouse in a Maryland divorce. The purpose of alimony is to help the lower-earning or non-earning spouse maintain a reasonable standard of living after the marriage ends.

Types of Alimony

• Pendente lite alimony — Temporary support paid while the divorce is pending.
• Rehabilitative alimony — Time-limited support designed to help a spouse become self-supporting through education, training, or work experience.
• Indefinite alimony — Ongoing support awarded in limited situations, typically when the court finds that the spouse requesting alimony cannot reasonably be expected to become self-supporting, or when the disparity in the parties' standards of living would be unconscionably disparate.

Factors the Court Considers

Maryland courts consider several factors when determining whether to award alimony and, if so, the amount and duration:

• The ability of the party seeking alimony to be wholly or partly self-supporting
• The time necessary for the party seeking alimony to gain sufficient education or training
• The standard of living established during the marriage
• The duration of the marriage
• The contributions, monetary and non-monetary, of each party to the well-being of the family
• The circumstances that contributed to the estrangement of the parties
• The age and physical and mental condition of each party
• The financial needs and resources of each party
• Any agreement between the parties

The Filing Process

Filing for divorce in Maryland involves several key steps:

Step 1: Prepare the Complaint

The spouse initiating the divorce (the plaintiff) prepares a Complaint for Absolute Divorce. This document identifies the parties, states the grounds for divorce, and outlines requests related to property division, custody, alimony, and other relief.

Step 2: File with the Circuit Court

The Complaint is filed with the circuit court in the appropriate county. The filing fee typically ranges from $165 to $185 as of February 2026, though fees can vary by county. Always verify the current fee with your local clerk of court.

Step 3: Serve the Other Spouse

The other spouse (the defendant) must be formally served with the Complaint and related documents. Service can be accomplished through a sheriff, a private process server, or certified mail, depending on the circumstances.

Step 4: Response

The defendant has 30 days (or 60 days if served outside of Maryland) to file an Answer or a Counter-Complaint. If the defendant fails to respond, the plaintiff may seek a default judgment.

Step 5: Discovery and Negotiation

Both parties exchange financial documents and other relevant information through a process called discovery. Many couples are able to negotiate a settlement agreement — either on their own, with attorneys, or through mediation — without going to trial.

Step 6: Trial or Uncontested Hearing

If the parties reach an agreement on all issues, the court may schedule a brief uncontested hearing, often called a merits hearing, to finalize the divorce. If disputes remain, the case will proceed to trial, where a judge will make the final decisions.

Step 7: Final Decree

Once the court is satisfied that all legal requirements have been met, the judge will issue a Judgment of Absolute Divorce, officially ending the marriage.

Timeline and Costs

Timeline

The timeline for a Maryland divorce varies significantly based on the complexity of the case and whether it is contested or uncontested:

• Uncontested divorce (mutual consent): Can be finalized in as little as 30 to 90 days after filing, depending on the court's schedule.
• Separation-based ground: Requires a minimum six-month separation period before filing, plus additional time for the court process.
• Contested divorce: May take six months to over a year if disputes over property, custody, or alimony must be resolved through litigation.

Costs

• Filing fee: $165–$185 (verify with your local clerk)
• Service of process: $40–$100+
• Attorney fees: Vary widely, from a few thousand dollars for a simple uncontested case to tens of thousands of dollars for a complex contested divorce.
• Mediation: $200–$500+ per session, though some courts offer reduced-cost or free mediation services.
• Other costs: May include appraisal fees, expert witness fees, and court reporter costs.

Tips for Navigating Your Maryland Divorce

• Organize your financial documents early. Gather bank statements, tax returns, pay stubs, mortgage documents, and retirement account statements. Having this information readily available will streamline the process.
• Consider mediation. Mediation can help you and your spouse reach agreements more quickly and affordably than litigation.
• Prioritize your children's well-being. If you have children, focus on creating a parenting plan that serves their best interests.
• Consult with an attorney. Even if you plan to handle much of the process yourself, a consultation with a Maryland family law attorney can help you understand your rights and avoid costly mistakes.

Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and court procedures can change, and every situation is unique. The information presented here is based on Maryland law as of early 2026 and may not reflect the most recent legislative or judicial developments. You should consult with a qualified Maryland family law attorney to obtain advice tailored to your specific circumstances. Neither the author nor the publisher assumes any liability for actions taken or not taken based on the contents of this guide.