How to File for Divorce in Maryland 2026: Complete Guide

Maryland divorce law distinguishes between limited divorce (legal separation) and absolute divorce (complete dissolution of marriage). Maryland offers both fault and no-fault grounds, with the most common being 6-month separation or mutual consent with a settlement agreement. This comprehensive guide covers everything from residency requirements to property division, alimony, custody, and the complete divorce process in Maryland.

Maryland Residency Requirements

Before filing for divorce in Maryland, residency requirements depend on where the grounds for divorce occurred (Md. Code, Family Law § 7-101):

If Grounds Occurred in Maryland

• No minimum residency period required
• Either spouse can be a Maryland resident at time of filing
• File in the county where either spouse resides

If Grounds Occurred Outside Maryland

• The plaintiff (person filing) must have been a Maryland resident for at least 6 months before filing
• File in county where plaintiff resides

Military Exception

• If defendant is in military service and stationed in Maryland, Maryland has jurisdiction
• Time stationed in Maryland counts toward residency for plaintiff if plaintiff is also in Maryland

Limited Divorce vs. Absolute Divorce

Maryland uniquely offers two types of divorce:

Absolute Divorce

Completely ends the marriage (Md. Code, Family Law § 7-103):

• Marriage is dissolved permanently
• Both parties free to remarry
• Final division of property, debts, alimony, custody, and child support
• Cannot be reversed

Limited Divorce

Legal separation (Md. Code, Family Law § 7-102):

• Parties remain legally married but live separately
• Cannot remarry while limited divorce in effect
• Court can order temporary custody, child support, alimony, and use of property
• Can be converted to absolute divorce later
• Often used as temporary measure while waiting to qualify for absolute divorce

Why Choose Limited Divorce?

• Don't yet qualify for absolute divorce (waiting for 6-month separation to complete)
• Need immediate court orders for support, custody, or property use
• Religious or personal reasons prefer separation to divorce
• Want to maintain health insurance benefits (some policies cover separated spouse)

Grounds for Absolute Divorce

Maryland requires specific grounds for absolute divorce (Md. Code, Family Law § 7-103).

No-Fault Grounds

1. Six-Month Separation (Most Common)

• Parties have lived separate and apart without interruption for 6 months
• Separation must be voluntary by at least one party
• Can live in same house if in separate bedrooms with no sexual relations (though separate residences recommended)
• Any resumption of marital relations (cohabitation) may restart 6-month period
• Most common ground used in Maryland divorces

2. Mutual Consent

• Both parties agree to divorce
• Have a written settlement agreement resolving all issues (property, debts, alimony)
• No minor children OR both parties waive child support
• No waiting period - can file and finalize quickly
• Fastest path to divorce in Maryland

Fault Grounds

1. Adultery

• Spouse engaged in sexual relations with another person
• Must prove with clear and convincing evidence
• Opportunity and inclination may be sufficient (don't need direct proof)
• Can affect alimony award

2. Desertion

• Continuous desertion for 12 months
• Deliberate and final (intent not to return)
• Without consent of other spouse
• Without justification

3. Conviction of Crime

• Spouse convicted of felony or misdemeanor
• Sentenced to at least 3 years or indeterminate sentence in penal institution
• Served at least 12 months of sentence

4. Insanity

• Spouse has been confined in mental institution or hospital for at least 3 years
• Two physicians testify spouse is incurably insane
• No hope of recovery

5. Cruelty of Treatment / Excessively Vicious Conduct

• Cruelty toward spouse or minor child
• Excessively vicious conduct toward spouse or minor child
• Creates reasonable fear for safety
• Justifies abandonment

Step-by-Step Filing Process

Step 1: Prepare Required Documents

Core documents needed:

• Complaint for Absolute Divorce
• Civil-Domestic Case Information Report
• Financial Statement (long form if gross income $60,000+, short form if under $60,000)
• Child Support Guidelines Worksheet (if minor children)
• Parenting Plan (if seeking custody)

Maryland Courts provide forms at Maryland Courts Family Law Forms

Step 2: File with Circuit Court

File your complaint with the Circuit Court in the county where you or your spouse resides.

Filing Fee: Approximately $165 (varies slightly by county)

• Fee waivers available if you cannot afford filing fees (file Affidavit of Indigency)
• Court assigns case number (docket number)
• Receive stamped copies for service

Step 3: Serve Your Spouse

Maryland requires proper service:

• Personal service by sheriff: Sheriff's office serves papers ($50-$80 fee)
• Private process server: Licensed process server serves papers
• Certified mail, restricted delivery: Limited circumstances, must be accepted by defendant
• Personal service by individual 18+: Any person 18+ not party to case can serve

Your spouse has 30 days to file an Answer (60 days if served out of state).

File Affidavit of Service: Person who served must complete affidavit confirming service and file with court.

Step 4: Spouse Files Answer (or Default)

• If spouse files Answer, case proceeds as contested or uncontested depending on agreement
• If spouse doesn't respond within 30 days, you can request default judgment

Step 5: Financial Disclosure

Both parties must exchange financial information:

• Complete Financial Statement (under oath)
• Attach supporting documentation: pay stubs, tax returns (3 years), bank statements, retirement account statements
• Disclosure of all assets, debts, income, expenses
• Additional discovery may be needed (interrogatories, requests for documents, depositions)

Step 6: Mediation or Settlement Conference

Many Maryland counties require or encourage mediation for contested issues:

• Mediation especially common for custody and visitation disputes
• Some counties offer free or low-cost mediation services
• Settlement conference with judge may be scheduled
• Goal: resolve issues without trial

Step 7: Temporary Orders (If Needed)

If immediate orders needed while divorce pending:

• Pendente lite hearing for temporary custody, child support, alimony, use of home
• Protective orders if domestic violence
• Temporary orders remain in effect until final judgment

Step 8: Parenting Classes (If Required)

Some Maryland counties require divorcing parents to complete parenting education:

• Typically 3-4 hour class on effects of divorce on children
• Required before final hearing in some jurisdictions
• Cost: $35-$60

Step 9: Uncontested Hearing or Trial

Uncontested Hearing:

• If full agreement reached, brief hearing before judge
• Plaintiff (and possibly defendant) testifies to grounds and agreement
• Judge reviews settlement agreement
• Hearing typically 15-30 minutes

Contested Trial:

• If no settlement, trial on disputed issues
• Both parties present evidence, witnesses, testimony
• Judge makes findings on property, custody, support, alimony
• Trial can last hours to days depending on complexity

Step 10: Judgment of Absolute Divorce

Judge issues Judgment of Absolute Divorce including:

• Findings that grounds established
• Dissolution of marriage
• Property and debt division
• Custody and visitation orders
• Child support order
• Alimony determination

Divorce becomes final when judgment is entered. Either party can appeal within 30 days.

Equitable Property Distribution

Maryland is an equitable distribution state (Md. Code, Family Law § 8-201 to 8-213).

Marital vs. Non-Marital Property

Marital Property (Subject to Division):

• Property acquired by either or both parties during the marriage
• Regardless of how title is held
• Income earned during marriage
• Retirement benefits accrued during marriage
• Increase in value of non-marital property due to marital efforts or contributions

Non-Marital Property (Not Divided):

• Property acquired before the marriage
• Property acquired by gift or inheritance to one spouse (even during marriage)
• Property excluded by valid agreement (prenuptial or postnuptial)
• Property directly traceable to non-marital property

Equitable Distribution Factors (§ 8-205)

Maryland courts divide marital property equitably (fairly), not necessarily equally. Courts consider:

• Contributions (monetary and non-monetary) of each party to well-being of family
• Value of all property interests of each party
• Economic circumstances of each party at time award is made
• Circumstances contributing to estrangement of parties
• Duration of the marriage
• Age of each party
• Physical and mental condition of each party
• How and when specific marital property was acquired (including effort each party expended to acquire it)
• Contributions by either party of non-marital property to acquisition of real property held as tenants by the entirety
• Any award of alimony and any award or other provision for child support

Monetary Award vs. Property Transfer

Maryland courts typically don't physically divide property. Instead:

• Monetary award: Court orders one spouse to pay other spouse sum of money to achieve equitable distribution
• Each spouse keeps property in their name, offset by monetary award
• Payment can be lump sum or installments
• Direct transfer of specific assets also possible (e.g., one spouse gets house, other gets retirement account)

Common Property Issues

Family Home:

• Often awarded to custodial parent with minor children
• Other spouse receives offset in other assets or monetary award
• May be sold and proceeds divided
• Use and possession can be awarded separate from ownership

Retirement Accounts:

• Only portion accrued during marriage is marital property
• Divided using Qualified Domestic Relations Order (QDRO)
• Can transfer without tax penalty if done properly

Business Interests:

• Increase in value during marriage is marital property
• Requires business valuation
• Operating spouse typically keeps business with offset to other spouse

Alimony (Spousal Support)

Maryland allows courts to award alimony (Md. Code, Family Law § 11-101 to 11-111).

Types of Alimony

1. Temporary Alimony (Pendente Lite)

• Awarded during divorce proceedings only
• Ends when divorce is final
• Provides support while case pending

2. Rehabilitative Alimony

• Limited duration while recipient gains education, training, or work experience
• Goal: recipient becomes self-supporting
• Typically 1-5 years
• Can be modified if circumstances change

3. Indefinite Alimony

• No specific end date
• Awarded when:
• Recipient cannot reasonably be expected to become self-supporting due to age, illness, infirmity, or disability, OR
• Even after receiving rehabilitative alimony, there will be unconscionable disparity in standard of living
• Can be modified if circumstances change
• Usually terminates upon remarriage or death

Alimony Factors (§ 11-106)

Maryland courts consider 11 statutory factors when determining alimony amount and duration:

1. Ability of recipient to be wholly or partly self-supporting
2. Time necessary for recipient to gain education or training for suitable employment
3. Standard of living established during marriage
4. Duration of the marriage
5. Contributions (monetary and non-monetary) of each party to well-being of family
6. Circumstances contributing to estrangement of parties
7. Age of each party
8. Physical and mental condition of each party
9. Ability of payor to meet own needs while paying alimony
10. Any agreement between parties
11. Financial needs and resources of each party including:
• All income and assets (marital and non-marital)
• Any award of property
• Nature and amount of financial obligations
• Right to receive retirement benefits

No Formula

Unlike child support, Maryland has no formula for calculating alimony. Amount and duration are within court's discretion based on statutory factors.

Modification and Termination

Alimony terminates upon:

• Death of either party
• Remarriage of recipient (unless agreement states otherwise)
• End of specified term (for rehabilitative alimony)

Alimony can be modified upon showing of material change in circumstances affecting ability to pay or need for support.

Child Custody and Visitation

Maryland law focuses on the best interests of the child (Md. Code, Family Law § 5-203).

Types of Custody

Legal Custody: Authority to make major decisions about child's life (education, healthcare, religion)

• Sole legal custody: One parent has decision-making authority
• Joint legal custody: Both parents share decision-making

Physical Custody: Where child lives and day-to-day care

• Primary physical custody: Child lives primarily with one parent, other has visitation
• Shared physical custody: Child spends significant time with both parents

Best Interest Factors

Courts determine custody based on child's best interests considering:

• Fitness of parents
• Character and reputation of parties
• Desire of parents and any agreements between them
• Potential to maintain natural family relations
• Preference of child (if of sufficient age and capacity)
• Material opportunities affecting future of child
• Age, health, and sex of child
• Residences of parents and opportunity for visitation
• Length of separation from either parent
• Prior voluntary abandonment or surrender

No Presumption

Maryland has no presumption favoring mothers or fathers. Courts evaluate each case individually based on best interests.

Child Support

Maryland uses child support guidelines based on income shares model (Md. Code, Family Law § 12-201 to 12-204).

Calculation Factors

• Combined adjusted actual income of both parents
• Number of children
• Custody arrangement (overnight schedule)
• Work-related childcare expenses
• Health insurance premiums for children
• Extraordinary medical expenses

Maryland Child Support Calculator

State provides online calculator at Maryland Child Support Guidelines

Duration

Child support continues until:

• Child reaches age 18, OR
• Child graduates high school (whichever occurs last, but not beyond age 19), OR
• Child becomes emancipated

Support for disabled children may extend beyond age 19.

Modification

Child support can be modified upon showing material change in circumstances affecting:

• Income of either parent
• Needs of child
• Custody arrangement

Costs and Fees

Expected Timeline

• Mutual consent (uncontested with agreement): 30-90 days
• 6-month separation: Minimum 6 months separation + 1-3 months for processing = 7-9 months total
• Contested (settled): 9-18 months
• Contested (trial): 12-24+ months

Frequently Asked Questions

How long do you have to be separated before divorce in Maryland?

Maryland requires a 6-month continuous separation before filing for absolute divorce on grounds of separation. The separation must be voluntary by at least one party. You can file for absolute divorce immediately on fault grounds like adultery or cruelty without waiting, or use mutual consent with a settlement agreement for fastest divorce.

What is the difference between limited divorce and absolute divorce in Maryland?

Limited divorce is a legal separation - you remain legally married but live separately with court orders on property, support, and custody. You cannot remarry. Absolute divorce completely ends the marriage and allows remarriage. Limited divorce is often used as a temporary measure while waiting to qualify for absolute divorce.

Is Maryland a no-fault divorce state?

Maryland offers both fault and no-fault grounds. The most common no-fault grounds are 6-month separation (living separate and apart without interruption for 6 months) and mutual consent (with written settlement agreement and no minor children or waiver of child support). Fault grounds like adultery, cruelty, and desertion are also available.

How long does a divorce take in Maryland?

Uncontested mutual consent divorces can be finalized in 30-90 days. Divorces based on 6-month separation take at least 6 months plus processing time (typically 7-9 months total). Contested divorces average 9-18 months if settled, or 12-24+ months if trial is required.

Is Maryland a 50/50 divorce state?

No. Maryland is an equitable distribution state. Marital property is divided fairly and equitably based on multiple factors including contributions, economic circumstances, duration of marriage, and age/health of parties. Equitable does not necessarily mean equal (50/50).

Can you date while separated in Maryland?

While not illegal, dating during separation can complicate your divorce. If you're seeking divorce based on adultery, dating provides evidence. Dating can also affect alimony determinations (especially if fault is considered) and property division if you spend marital funds on the relationship. Consult an attorney before dating during separation.

How is alimony calculated in Maryland?

Maryland does not have a formula for alimony calculation. Courts have discretion to award alimony based on 11 statutory factors including financial resources, standard of living, duration of marriage, contributions to the marriage, age, health, ability to be self-supporting, and circumstances contributing to estrangement. Alimony can be rehabilitative (limited duration) or indefinite.