Maryland divorce guide

How to get a divorce in Maryland

What Maryland requires before you file, how long it takes, and how property and parenting are decided.

Residency requirement
6 months if grounds arose outside Maryland
Waiting period
No mandatory period
Grounds
No-fault and fault-based
Property division
Equitable distribution
Where to file
Circuit Court

Residency requirements in Maryland

Before a Maryland court can grant a divorce, residency must be established: 6 months if grounds arose outside Maryland. If you recently moved, you may need to wait or file in the state where you or your spouse previously lived.

Grounds for divorce

Maryland allows no-fault divorce and also recognizes fault-based grounds (such as adultery, cruelty, or abandonment). Fault can sometimes affect support or property outcomes, so it’s worth discussing with an attorney.

How long a divorce takes in Maryland

The mandatory waiting period is no mandatory period. Uncontested cases often finish soon after that period ends, while contested cases can take many months depending on the issues and the court’s calendar.

Dividing property and debt

Maryland follows equitable distribution. Courts divide marital property fairly, which isn’t always 50/50, considering factors like the length of the marriage, each spouse’s income and contributions, and future needs.

Custody and child support

Maryland courts decide custody based on the best interests of the child and calculate child support using state guidelines based on both parents’ incomes. Parents are encouraged to agree on a parenting plan.

Filing in Maryland

Divorce cases are filed in the Circuit Court in the county where you or your spouse lives. Filing fees vary by county; fee waivers are available if you qualify. Most courts post forms and self-help resources online.

Related: How to file for divorce · Child custody explained

Laws change. This summary is general information for Maryland and may not reflect the latest updates or local court rules. Confirm details with a licensed Maryland attorney.

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