Maryland Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

1-3 months for uncontested mutual consent divorce, 3-6 months for uncontested divorce on separation or irreconcilable differences grounds, 6-18 months for contested divorce requiring discovery and trial in Maryland circuit court.

Documents to Gather

Certified Marriage Certificate
Government-Issued Photo ID
Birth Certificates of Minor Children(if applicable)
Proof of Maryland Residency
Marital Settlement Agreement (Form CC-DR-116)(if applicable)
Social Security Cards(if applicable)
Prenuptial or Postnuptial Agreement(if applicable)
Existing Court Orders(if applicable)

Financial Documents

Last 3 Years of Federal and State Tax Returns
Recent Pay Stubs (3 Months Minimum)
Bank Statements (All Accounts, 12 Months)
Retirement Account Statements
Real Property Documentation
Vehicle Titles and Loan Statements
Business Ownership Documents(if applicable)
Debt Documentation
Insurance Policies(if applicable)
Employee Benefits Statements(if applicable)

Key Steps

1. Before Filing

Verify Residency Requirements
Determine Your Grounds for Divorce
Gather Essential Personal and Financial Records
Draft or Negotiate a Settlement Agreement if Seeking Mutual Consent

2. Filing Process

Complete the Complaint for Absolute Divorce
File the Complaint with the Circuit Court Clerk
File Your Financial Statement if Requesting Support

3. After Filing

Serve Your Spouse with the Divorce Papers
Wait for Your Spouse's Response
Complete Parenting Education Course if Minor Children Are Involved
Participate in Custody Mediation if Ordered by the Court
File the Joint Statement of Marital and Non-Marital Property
Attend the Merits Hearing or Uncontested Divorce Hearing

Key Deadlines

Respondent Must File Answer (Served in Maryland)30 days after service of process

Respondent Must File Answer (Served Out of State)60 days after service of process

Respondent Must File Answer (Served Outside U.S.)90 days after service of process

Complete Service of Process60 days after complaint is filed

File Request for Order of DefaultAfter response deadline expires

Respondent May Vacate Default Order30 days after Notice of Default is served

Prepare Individual Property StatementsAt least 40 days before trial

Plaintiff Serves Proposed Joint Property StatementAt least 25 days before trial

File Joint Statement of Marital and Non-Marital PropertyAt least 10 days before trial

File Financial Statement with PleadingWith initial Complaint or Answer

Quick Reference

To file for divorce in Maryland, you must file a Complaint for Absolute Divorce (Form CC-DR-020) with the circuit court in the county where either spouse resides and pay a $165.00 filing fee. Maryland offers three grounds for absolute divorce under Family Law § 7-103: mutual consent (no waiting period, requires signed settlement agreement), 6-month separation, and irreconcilable differences. After filing, serve your spouse using personal delivery, substitute service, or certified mail with restricted delivery. Your spouse has 30 days to respond if served in Maryland, 60 days if served out of state, or 90 days if served internationally. If your spouse does not respond, file a Request for Order of Default (Form CC-DR-054). Both parties must file financial statements under Maryland Rule 9-202 when support is at issue. If property is contested, file the Joint Statement of Marital and Non-Marital Property (Form CC-DR-033) at least 10 days before trial. Courts may order mediation for custody disputes under Rule 9-205 and parenting education courses under § 7-103.2. Uncontested mutual consent divorces typically complete in 1 to 3 months. Contested cases may take 6 to 18 months. Fee waivers are available for qualifying low-income filers.