How do I file for divorce in Maryland?
Maryland divorce is governed by Md. Family Law Code Title 7. Maryland substantially reformed its divorce law in 2023.
1. Residency Requirements — If the grounds for divorce occurred in Maryland, no minimum residency. If they occurred out of state, one spouse must have been a Maryland resident for 6 months.
2. Three Grounds (Post-2023 Reform):
- Mutual consent — Spouses agree to all terms in a written settlement agreement.
- 6-month separation — Spouses have lived separate and apart for 6 continuous months (no longer requires separate residences).
- Irreconcilable differences — Differences that have caused permanent breakdown of the marriage.
3. Limited Divorce Abolished — As of October 2023, Maryland eliminated 'limited divorce' (legal separation) as a separate proceeding.
4. Required Forms — Complaint for Absolute Divorce, Civil Domestic Case Information Report, Financial Statement (long or short form), and (if children) a proposed Parenting Plan.
5. Filing Fee — Approximately $165. Waiver requests available via Information Report.
6. Service of Process — Sheriff, private process server, or certified mail (return receipt requested). Respondent has 30 days to answer (60 if out-of-state, 90 if outside U.S.).
7. Property Division — Maryland is an equitable distribution state. The court identifies marital property, values it, and may grant a 'monetary award' to adjust equities — it generally does not retitle real property.
8. Final Judgment — A Judgment of Absolute Divorce entered by the circuit court ends the marriage.
This is legal information, not legal advice.
- Contested custody disputes
- Significant assets or business interests
- Domestic violence concerns
- Md. Fam. Law § 7-101
- Md. Fam. Law § 7-103
- Md. Fam. Law § 8-205
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.