Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Maryland Divorce Law
Answer: How Long Does a Divorce Take in Maryland?
In Maryland, an uncontested divorce typically takes two to four months from the date of filing, while a contested divorce can take nine months to well over a year depending on case complexity and court availability. Before filing, couples may also need to satisfy a six-month separation period unless they file on grounds of mutual consent or irreconcilable differences. The fastest divorce in Maryland is an uncontested mutual consent divorce, which can be finalized in as little as 45 days after filing.
Recent Law Changes: What Maryland Did in October 2023
Before diving into timelines, it is essential to understand the major legislative overhaul that took effect on October 1, 2023, under Senate Bill 36 (SB36). These changes dramatically simplified Maryland divorce law and directly affect how long does divorce take Maryland couples to finalize their cases.
Elimination of Limited Divorce
Maryland formerly offered two types of divorce: limited divorce (essentially a legal separation) and absolute divorce (full dissolution of the marriage). Under the revised law, limited divorce no longer exists. Now there is only absolute divorce, which permanently ends the marriage. As the Maryland Courts website states, there is no such thing as a "legal separation" in Maryland.
Shift to Purely No-Fault Grounds
Before October 2023, Maryland recognized numerous fault-based grounds for divorce, including adultery, desertion, conviction of a felony or misdemeanor, insanity, cruelty of treatment, and excessively vicious conduct. All of these fault-based grounds have been repealed. Maryland is now a purely no-fault divorce state.
Under Md. Code, Family Law Section 7-103(a), the court may decree an absolute divorce on only three grounds:
- Six-Month Separation: The parties have lived separate and apart for six months without interruption before the filing of the application for divorce.
- Irreconcilable Differences: Based on the reasons stated by the complainant for the permanent termination of the marriage.
- Mutual Consent: Both parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to alimony, property distribution, and the care, custody, access, and support of minor or dependent children.
Separation Redefined
The separation period was reduced from 12 months to six months. Equally important, spouses are no longer required to live in physically separate homes. Under Md. Code, Family Law Section 7-103(b), parties who have pursued separate lives shall be deemed to have lived separate and apart even if they reside under the same roof or the separation is in accordance with a court order. However, the six-month separation period must still be continuous and without interruption.
Irreconcilable Differences: No Waiting Period Required
The ground of irreconcilable differences does not require any separation period. Spouses may file for an absolute divorce while residing in the same household or if they have been separated for less than six months. This is the fastest path to filing a divorce in Maryland.
Maryland Divorce Timeline: Step-by-Step Breakdown
Understanding how long does divorce take Maryland residents requires examining each phase of the process. Below is a detailed timeline for both uncontested and contested cases.
Phase 1: Pre-Filing (Varies)
Before you can file for divorce, you must establish your ground:
- Mutual Consent: No separation period required, but you must have a fully executed settlement agreement addressing all issues before filing.
- Irreconcilable Differences: No separation period required. You may file immediately.
- Six-Month Separation: You must live separate and apart for six continuous months before filing. You may live under the same roof, but you must demonstrate you are pursuing separate lives.
Phase 2: Filing the Complaint (Day 1)
To initiate the divorce, you file a Complaint for Absolute Divorce (Form CC-DR-020) with the Circuit Court in the county where you or your spouse resides. Along with the complaint, you may need to file:
- A Civil Domestic Information Report (Form CC-DCM-001)
- A Long Form Financial Statement (Form CC-DR-031) if requesting alimony
- A Short Form Financial Statement (Form CC-DR-030) if requesting child support
- A Marital Settlement Agreement (Form CC-DR-116) if filing on mutual consent grounds
- A Child Support Guidelines Worksheet, if applicable
You must pay the filing fee at the time of filing. As of 2025, the filing fee for a divorce complaint in Maryland is approximately $165 to $185 depending on the county. As of February 2025. Verify with your local clerk, as fees may change. Fee waivers are available for qualifying individuals based on income.
All Maryland state courts have implemented the Maryland Electronic Courts (MDEC) online case management system for e-filing.
Phase 3: Service of Process (1 to 4 Weeks)
After filing, you must formally serve your spouse with a copy of the complaint and all attachments through a process called service of process. This typically costs $75 to $100 for sheriff's service. Your spouse must then respond:
- 30 days if served in Maryland
- 60 days if served in another state
- 90 days if served outside the United States
If your spouse does not file an answer within the required timeframe, you can file a Request for Order of Default, which allows the case to proceed without your spouse's participation.
Phase 4: Response and Discovery (1 to 6+ Months)
In an uncontested case, this phase is brief. Your spouse files an answer agreeing to the terms, and the court schedules a hearing.
In a contested case, after the answer is filed, there is typically a scheduling conference where both parties and the court establish deadlines for the case. This is followed by a discovery phase, where both parties exchange financial information and supporting documents. Discovery can last several months depending on the complexity of the assets and issues involved.
Phase 5: Mediation and Negotiation (If Applicable, 1 to 3 Months)
Maryland courts frequently refer divorcing parties to alternative dispute resolution (ADR), including mediation. In mediation, a neutral third party helps spouses work toward a settlement. Mediation costs in Maryland typically range from $250 to $400 per hour. Many contested cases that seem destined for trial actually resolve during this stage, which can significantly shorten the overall divorce duration.
Phase 6: Trial or Uncontested Hearing (Varies by County)
For uncontested divorces, the hearing is typically set for 15 to 30 minutes. You provide brief testimony to prove your grounds for divorce, and the court reviews and approves your settlement agreement.
For contested divorces, trial dates depend on court availability and caseload. Some counties have more congested dockets than others, and contested cases may require multiple hearing days.
Phase 7: Final Decree
Once the judge signs the final divorce decree, the marriage is officially terminated. After your divorce is finalized, both parties are free to remarry.
Summary of Typical Divorce Duration in Maryland
- Uncontested Mutual Consent Divorce: Approximately 45 days to 4 months from filing. This is the fastest divorce option available in Maryland.
- Uncontested Divorce (Six-Month Separation): Approximately 2 to 4 months from filing (after the six-month separation period has already been completed).
- Contested Divorce: Approximately 9 months to over a year, and sometimes significantly longer depending on disputes over custody, property, alimony, and court availability.
- High-Conflict or Complex Contested Divorce: Can take 18 months or more, particularly when child custody evaluations, business valuations, or forensic accounting are required.
Residency Requirements for Filing in Maryland
Before you can file for divorce, you must meet Maryland's residency requirements under Md. Code, Family Law Section 7-101:
- If the grounds for divorce occurred in Maryland: You or your spouse must be currently residing in Maryland at the time of filing. There is no minimum time period.
- If the grounds for divorce occurred outside Maryland: You or your spouse must have been a Maryland resident for at least six months before filing the complaint.
You may file in the Circuit Court in the county where either you or your spouse resides. You do not have to remain at the same address to maintain residency; you can move anywhere within Maryland. Courts will consider factors such as where you vote, where you pay taxes, where you receive mail, which state issued your driver's license, and where you bank to determine residency.
Armed services members may file for divorce in Maryland if they established residence in the state prior to entering the armed services, even if they have not lived in Maryland since.
Factors That Affect How Long Divorce Takes in Maryland
Several variables influence the divorce timeline:
1. Type of Divorce (Contested vs. Uncontested)
This is the single biggest factor. In an uncontested divorce, both spouses agree on all terms, and the process can be completed in roughly two to four months after filing. A contested divorce, where parties disagree on issues like child custody, property division, or alimony, takes significantly longer.
2. Grounds for Divorce
- Mutual consent requires a signed settlement agreement but has no separation period, allowing for the fastest divorce timeline.
- Irreconcilable differences also has no required separation period, but if the divorce is contested, the process still takes longer.
- Six-month separation requires waiting at least six months of living separate and apart before you can even file.
3. Complexity of Issues
Cases involving significant marital assets, business valuations, retirement accounts, real estate holdings, or contested child custody arrangements take longer because they require more extensive discovery and potentially expert testimony.
4. Court Backlog and County Variations
Different Maryland counties have different caseloads. More densely populated counties may have longer wait times for hearings and trial dates. Some counties may also bifurcate custody and property issues, which can extend the overall timeline.
5. Cooperation Between Spouses
When both parties communicate openly and respond to paperwork promptly, the process moves faster. Disputes that could be resolved through negotiation but instead escalate into litigation can add months or even years to the process.
6. Attorney Involvement
Having experienced legal counsel can actually shorten the divorce duration by ensuring paperwork is filed correctly the first time, deadlines are met, and negotiations move forward efficiently. Maryland divorce attorneys typically charge between $200 and $500 per hour.
Costs Overview
The total cost of divorce in Maryland varies widely:
- Uncontested Divorce: Typically between $2,500 and $5,000, including filing fees, attorney fees, and related costs.
- Contested Divorce: Usually between $20,000 and $30,000 or more per person, including attorney fees, court costs, expert fees, and trial preparation expenses.
- Court Filing Fee: Approximately $165 to $185 depending on the county. As of February 2025. Verify with your local clerk.
- Service of Process: Approximately $75 to $100 for sheriff's service.
- Mediation: $250 to $400 per hour.
Fee waivers are available for individuals who cannot afford court costs. You must complete financial affidavits proving inability to pay.
How to Get the Fastest Divorce in Maryland
If you want to minimize how long does divorce take Maryland courts to process, consider the following strategies:
- File on Mutual Consent Grounds: Have a complete marital settlement agreement signed by both parties before filing. This eliminates the need for a separation period and allows for the quickest resolution.
- Agree on All Terms Before Filing: If you and your spouse can negotiate child custody, property division, alimony, and child support before going to court, your case can proceed as uncontested.
- Use Mediation: If you cannot agree on everything, a mediator can help you reach a settlement faster than litigation.
- Hire an Experienced Attorney: A knowledgeable family law attorney ensures your paperwork is correct and your case proceeds without unnecessary delays.
- Respond to All Deadlines Promptly: Missing filing deadlines or failing to provide required documents can add weeks or months to your case.
- Use Electronic Filing: Maryland's MDEC system allows for faster processing of court documents.
Property Division in Maryland
Maryland follows an equitable distribution model for dividing marital property. This means the court divides assets fairly but not necessarily equally. Under Md. Code, Family Law Sections 8-205 and 8-208, the court considers numerous factors including the length of the marriage, the contributions of each party to the well-being of the family, the value of each party's property interests, the economic circumstances of each party, and other factors the court deems relevant.
Disputes over property division are one of the primary reasons contested divorces take so much longer than uncontested ones.
Alimony in Maryland
Alimony (spousal support) can only be requested before a final divorce decree is entered. You cannot ask for alimony after a divorce is final. Maryland courts recognize several types:
- Pendente Lite Alimony: Temporary support paid during the pending divorce action.
- Rehabilitative Alimony: Support for a limited time to allow the receiving spouse to become self-supporting. This is the most common type.
- Indefinite Alimony: Support with no end date, awarded only in rare circumstances where one spouse cannot make reasonable progress toward self-sufficiency.
Helpful Resources
- Maryland Courts Divorce Page: https://www.mdcourts.gov/legalhelp/family/divorce
- Maryland People's Law Library: https://www.peoples-law.org/overview-divorce-maryland
- Maryland Statutes (Family Law, Title 7): https://mgaleg.maryland.gov
- Circuit Court Fee Schedules: https://www.mdcourts.gov/courts/feeschedules
- Maryland Court Help Center: Available Monday through Friday, 8:30 AM to 8:00 PM
Frequently Asked Questions
Please see the FAQ section below for detailed answers to the most common questions about how long does divorce take Maryland residents.
Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. The information is based on Maryland law as of February 2025. Laws, fees, and procedures may change. Consult with a qualified Maryland family law attorney for advice specific to your situation.