Divorce Laws in Maryland: Complete 2026 Guide

As of October 1, 2023, Maryland is exclusively a no-fault divorce state. The legislature enacted Senate Bill 36, which eliminated all fault-based grounds that previously existed — including adultery, desertion, conviction of a felony or misdemeanor, 12-month separation, insanity, cruelty of treatment, and excessively vicious conduct. These were replaced with three no-fault grounds codified under Md. Code, Family Law § 7-103(a): (1) mutual consent, (2) six-month separation, and (3) irreconcilable differences. Mutual Consent allows couples to divorce without any waiting or separation period, provided both spouses sign a written marital settlement agreement that resolves all issues related to alimony, marital property, and the care, custody, and support of any minor or dependent children. The agreement must be presented to the court at the divorce hearing. Neither party may object in writing prior to the hearing, and the court must be satisfied that terms relating to children serve their best interests (Md. Code, Family Law § 7-103(a)(3), § 7-103(e)). Six-Month Separation requires that the parties have lived separate and apart, without interruption, for at least six months before filing. Importantly, under the revised law, spouses can live under the same roof while pursuing separate lives — meaning separate finances, separate bedrooms, and independent daily routines — and still satisfy this ground. This is a significant change from the prior 12-month separation requirement. Irreconcilable Differences means the spouses have conflicts so significant that they cannot be resolved and make it impossible or impractical to continue the marriage. This ground does not require any separation period and can be asserted even while the spouses still reside together. It can also be a contested ground, meaning one spouse may file on this basis even if the other spouse disagrees. While fault is no longer a basis for obtaining a divorce, Maryland courts may still consider the circumstances that contributed to the breakdown of the marriage when making decisions about alimony, property division, and attorney's fees. Factors such as domestic violence, infidelity, or financial misconduct may still be relevant in those determinations.

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 where the grounds for divorce arose. If the grounds for divorce occurred in Maryland, you need only be currently living in Maryland at the time you file — there is no minimum duration requirement. If the grounds for divorce occurred outside of Maryland, at least one spouse must have resided in Maryland for a minimum of six months before the divorce complaint is filed (Md. Code, Family Law § 7-101). Maryland's residency requirement applies to the state as a whole, not to any particular county. This means that as long as one spouse has established residence anywhere in Maryland, the divorce can be filed. However, for venue purposes, the complaint must be filed in the Circuit Court of the county where either the plaintiff or defendant resides, or where either party is regularly employed or maintains a place of business. To prove residency, you must be physically living in Maryland and demonstrate intent to remain. Courts consider several factors including where you are registered to vote, where you pay taxes, where you receive mail, where your personal belongings are located, which state issued your driver's license, and where you bank. During your testimony at the final hearing, you must affirm that you are a Maryland resident and state how long you have lived in the state. Cases have been dismissed due to inadequate proof of residency, so it is important to be thoroughly prepared — particularly if you have been a Maryland resident for less than one year. Military service 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 physically lived in Maryland since. Additionally, if either spouse moves out of Maryland after the divorce is filed, the case may still proceed as long as one party was a Maryland resident when the complaint was filed.

Maryland is an equitable distribution state, meaning marital property is divided fairly — but not necessarily equally — between the spouses during a divorce. The governing statute is Md. Code, Family Law §§ 8-201 through 8-205. If spouses cannot reach their own agreement on property division, the court will follow a three-step process: (1) identify and classify property as marital or non-marital, (2) determine the value of the marital property, and (3) make an equitable distribution, often through a monetary award. Marital property includes any property acquired by either spouse during the marriage, regardless of how it is titled (Md. Code, Family Law § 8-201(e)). Non-marital (separate) property includes assets owned before the marriage, property received as a gift or inheritance from a third party during the marriage, and property excluded by a valid prenuptial or postnuptial agreement. Some assets can be part marital and part non-marital — for example, a home purchased before the marriage but paid for during the marriage with marital funds. Maryland uses a 'source of funds' tracing approach: if marital and non-marital funds are commingled so that direct tracing becomes impossible, the entire asset may be treated as marital property. Under Md. Code, Family Law § 8-205, the court considers multiple statutory factors when determining the monetary award, including: the monetary and non-monetary contributions of each party to the well-being of the family; the value of all property interests of each party; the economic circumstances of each party at the time the award is made; the circumstances that contributed to the estrangement of the parties; the duration of the marriage; the age, physical condition, and mental condition of each party; how and when specific property was acquired; any alimony award; and any other factor the court deems necessary for a fair and equitable award. A unique feature of Maryland law is that the court generally cannot transfer title of property held solely in one spouse's name to the other spouse. Instead, the court awards a monetary payment to the non-titled spouse to equalize the distribution. However, the court can transfer interests in pensions, retirement plans, profit-sharing plans, and deferred compensation plans using instruments such as Qualified Domestic Relations Orders (QDROs). Additionally, effective October 1, 2025, Maryland's new mortgage assumption law (House Bill 1018) requires lenders to allow mortgage assumption in divorce cases when specific conditions are met, potentially allowing one spouse to keep the family home without refinancing.

Alimony (spousal support) in Maryland is governed by Md. Code, Family Law, Title 11. The primary purpose of alimony is to rehabilitate the economically dependent spouse — to provide them with the opportunity and resources to become self-supporting. Maryland law permits either spouse to request alimony regardless of gender, consistent with the state's equal rights amendment (Md. Code, Family Law § 11-101(b)). Critically, a claim for alimony must be raised during the divorce proceedings; it cannot be sought after the divorce is finalized. Maryland recognizes three types of alimony: (1) Alimony Pendente Lite — temporary support paid by one spouse to the other during the pendency of the divorce case (Md. Code, Family Law § 11-102); (2) Rehabilitative Alimony — the most common type, awarded for a fixed period to allow the dependent spouse to gain education, training, or employment to become self-supporting; and (3) Indefinite Alimony — the rarest form, awarded without a predetermined end date only in exceptional circumstances under § 11-106(c), specifically when the dependent spouse cannot reasonably be expected to make substantial progress toward self-sufficiency due to age, illness, infirmity, or disability, or when the parties' respective standards of living would be unconscionably disparate even after reasonable efforts toward self-support. Under Md. Code, Family Law § 11-106(b), the court must consider all factors necessary for a fair and equitable award, including: the ability of the party seeking alimony to be self-supporting; the time needed for education or training; the standard of living established during the marriage; the duration of the marriage; both monetary and non-monetary contributions to the family; the circumstances that contributed to the estrangement; the age of each party; the physical and mental condition of each party; the financial needs and resources of each party (including all income, assets, and obligations); any agreements between the parties; and whether the award would cause a spouse in a care facility to become eligible for medical assistance prematurely. There is no statutory formula for calculating the amount or duration of alimony — judges have broad discretion. Alimony may be modified upon a showing of a material change in circumstances, such as significant changes in income or employment status (Md. Code, Family Law § 11-107). Unless the parties agree otherwise, alimony automatically terminates upon the death of either party, the remarriage of the recipient, or if the court finds that termination is necessary to avoid an inequitable result (Md. Code, Family Law § 11-108). Alimony obligations are enforceable through contempt proceedings.

In Maryland, child custody decisions are governed by the 'best interest of the child' standard. Effective October 1, 2025, House Bill 1191 codified 16 statutory factors that courts must consider when determining both legal custody (decision-making authority) and physical custody (parenting time), amending Md. Code, Family Law § 9-201. Prior to this legislation, courts relied on factors developed through case law, most notably from Montgomery County v. Sanders (1977) and Taylor v. Taylor (1984). The 16 statutory factors include: (1) the stability and foreseeable health and welfare of the child; (2) frequent, regular, and continuing contact with parents who can act in the child's best interest; (3) how parents will share parental rights and responsibilities; (4) the child's relationship with each parent, siblings, and other significant individuals; (5) the child's physical and emotional security and protection from conflict and violence; (6) the child's developmental needs; (7) the child's day-to-day needs including education, health, and socialization; (8) placing the child's needs above the parents' needs; (9) each parent's ability and willingness to meet the child's needs; (10) the fitness and character of each parent; (11) the impact of the child's age and developmental stage; (12) each parent's history of domestic violence or abuse; (13) the geographic proximity of the parents' homes; (14) the parents' ability to communicate and cooperate in parenting; (15) the child's wishes (if age-appropriate); and (16) any other factor the court deems relevant. The court is required to articulate its findings on each factor either on the record or in a written opinion. Maryland courts may award sole custody to one parent or joint custody (legal, physical, or both). Joint custody requires a demonstrated ability by both parents to communicate and cooperate effectively. Parents are encouraged to create their own written parenting plans using form CC-DR-110 and submit them to the court. If parents cannot agree, the court will determine the custody arrangement based on the statutory best interest factors. Custody orders may be modified upon a showing of a material change in circumstances since the most recent order was entered, provided modification serves the child's best interest. For visitation, Maryland courts generally favor arrangements that allow the child to maintain meaningful relationships with both parents. The court may consider the impact of military service on the parent-child bond without treating military service as a negative factor — a new element specifically added by HB 1191.

To begin a divorce in Maryland, the filing spouse (plaintiff) must prepare and file a Complaint for Absolute Divorce using form CC-DR-020 with the Circuit Court of the county where either spouse resides or is regularly employed. You may also need to file a Civil Domestic Information Report (form CC-DCM-001), a Financial Statement (Short Form CC-DR-030 for child support cases, or Long Form CC-DR-031 if alimony is also requested), and a Notice of Restricted Information (form MDJ-008). If you are filing on the ground of mutual consent, you must also prepare and attach a Marital Settlement Agreement (form CC-DR-116) and, if applicable, a completed Child Support Guidelines Worksheet. Upon filing, you must pay the required court filing fee. The initial filing fee for a divorce complaint in Maryland is approximately $165–$185, depending on the county and any additional fees. Fee waivers are available for individuals who cannot afford court costs; you can request a waiver using form CC-DC-089. As of May 2024, all Maryland courts have implemented the Maryland Electronic Courts (MDEC) system for electronic filing, though some courts still accept paper filings. After filing, you must serve your spouse with copies of the complaint and all attachments through formal service of process. The cost of sheriff's service is typically $75–$100. Proof of service must then be filed with the court. Once served, the responding spouse (defendant) must file an answer within 30 days if served in Maryland, 60 days if served in another state, or 90 days if served outside the United States. The defendant may also file a counter-claim using form CC-DR-094. If the defendant fails to respond within the deadline, the plaintiff can request an Order of Default, allowing the case to proceed without the defendant's participation. After the pleadings are complete, the case will proceed to either a settlement process or a contested hearing. For uncontested mutual consent divorces, the court may schedule a final hearing relatively quickly. For contested cases, the court may require discovery, mediation, or other pre-trial proceedings. Maryland's Guide & File online tool (available through the Maryland Courts website) can assist self-represented litigants in completing the necessary forms step by step. However, given the complexities of property division, custody, and alimony, consulting with a qualified family law attorney is strongly recommended. All divorce cases in Maryland must be filed in the Circuit Court, which is Maryland's trial court of general jurisdiction. Maryland has 24 Circuit Courts — one for each of the state's 23 counties and one for Baltimore City. The Circuit Court handles all family law matters, including divorce, child custody, child support, alimony, property division, protective orders, and adoption. Divorce cases cannot be filed in Maryland's District Court, which handles lower-level civil and criminal matters. Within many Circuit Courts, there are dedicated family divisions or family law departments that handle domestic relations cases. Some counties also have Family Support Services or family law self-help centers that can provide resources and assistance to self-represented parties. Many Maryland Circuit Courts also offer mediation and alternative dispute resolution (ADR) services to help divorcing spouses reach agreements on contested issues without going to trial. Appeals from Circuit Court divorce decisions are taken to the Appellate Court of Maryland (formerly the Court of Special Appeals). From there, further appeals may be taken to the Supreme Court of Maryland (formerly the Court of Appeals), which is the state's highest court. Maryland's appellate courts have issued important family law precedents over the years, and with the passage of House Bill 1191 in 2025, the new statutory custody factors now supplement the case law previously developed through appellate decisions such as Montgomery County v. Sanders and Taylor v. Taylor.

Maryland does not impose a mandatory 'waiting period' between filing and finalizing a divorce in the traditional sense. However, the required waiting or separation period depends on which of the three no-fault grounds you are using to file. For a divorce based on Mutual Consent, there is no separation or waiting period requirement. If both spouses agree to divorce and have a signed marital settlement agreement resolving all issues — including child custody, child support, alimony, and property division — the divorce can proceed without any period of living apart. This is the fastest pathway to divorce in Maryland. For a divorce based on Six-Month Separation, the parties must have lived separate and apart, without interruption, for at least six months before the complaint for absolute divorce is filed (Md. Code, Family Law § 7-103(a)). Under the October 2023 reforms, the separation period was reduced from the prior 12-month requirement to six months. Importantly, the parties may live under the same roof and still be considered 'separated' if they are living separate lives — maintaining separate finances, sleeping in separate bedrooms, and leading autonomous daily routines. For a divorce based on Irreconcilable Differences, there is no mandatory separation or waiting period. Either spouse can file as soon as they believe the marriage has broken down irretrievably. However, in contested cases where one spouse disputes the claim of irreconcilable differences, the case may take longer to resolve through litigation. After filing, Maryland does not impose a mandatory 'cooling off' period before a judge can issue the final divorce decree, although the court's scheduling and the complexity of the case will determine the actual timeline.