Maryland Divorce: Grounds and Process

Maryland underwent a major overhaul of its divorce laws in October 2023, eliminating many fault-based grounds and simplifying the process for couples seeking to end their marriages. These reforms make Maryland one of the most recent states to modernize its divorce statutes, joining a national trend toward streamlined, no-fault divorce proceedings.

Whether you are just starting to consider divorce or are ready to file, understanding the current state of Maryland divorce law is essential. This guide explains the grounds for divorce, the filing process, property division, and what the 2023 changes mean in practice.

For a broader look at how divorce works nationally, see our complete guide to divorce.

The 2023 Reform: What Changed

Before October 1, 2023, Maryland had one of the more complex divorce frameworks in the country. The state recognized multiple fault-based grounds — including adultery, desertion, cruelty, and insanity — as well as limited and absolute divorce categories. The required separation period for a no-fault divorce was 12 months.

The 2023 legislation (Senate Bill 36) dramatically simplified this system:

• Eliminated most fault-based grounds — adultery, desertion, cruelty of treatment, excessively vicious conduct, and insanity were all removed as independent grounds
• Eliminated limited divorce — Maryland no longer has the “limited divorce” category, which was similar to legal separation
• Reduced the separation period from 12 months to 6 months
• Retained the mutual consent ground, which allows divorce without any separation period
• Added irreconcilable differences as a ground for divorce

Current Grounds for Divorce in Maryland

Under the reformed law, Maryland now recognizes the following grounds for absolute divorce:

1. Mutual Consent

Mutual consent is available when both spouses agree to the divorce and have reached a written settlement agreement resolving all issues, including property division, alimony, and child custody (if applicable).

This ground does not require any period of separation. If both spouses sign a comprehensive settlement agreement and submit it to the court, the divorce can proceed immediately. Mutual consent is the fastest path to divorce in Maryland.

2. Six-Month Separation

If the spouses have lived separate and apart for at least six continuous months without interruption and without sexual relations, either spouse may file for divorce on this ground.

The six-month period replaced the previous 12-month separation requirement. Living “separate and apart” means the spouses have maintained separate lives. This can include living in the same house if the spouses have completely separated their domestic lives — separate bedrooms, separate finances, and no shared domestic activities.

3. Irreconcilable Differences

The 2023 reform added irreconcilable differences as a ground for divorce. This is a broad no-fault ground that allows either spouse to file for divorce by asserting that the marriage has broken down and there is no reasonable prospect of reconciliation.

When filing on this ground, the court must find that the differences are irreconcilable and that there is no reasonable expectation of reconciliation before granting the divorce.

Residency Requirements

Under Md. Code, Family Law 7-101, if the grounds for divorce arose outside Maryland, at least one spouse must have been a resident of Maryland for at least six months before filing. If the grounds arose within Maryland, there is no specific durational residency requirement — the filing spouse simply must be a current resident of the state.

The case is filed in the Circuit Court of the county where either spouse resides.

Filing Process

Step 1: File the Complaint

The process begins when one spouse (the plaintiff) files a Complaint for Absolute Divorce with the Circuit Court. The complaint includes the grounds for divorce, information about children and property, and the relief sought.

The filing fee in Maryland is approximately $165, though fees may vary slightly by county. If you cannot afford the filing fee, you may apply for a fee waiver by filing a request with supporting financial documentation.

Step 2: Serve the Complaint

The complaint must be served on the other spouse (the defendant). Maryland allows service by:

• Sheriff or private process server
• Certified mail with restricted delivery
• Acceptance of service (voluntary acknowledgment by the defendant)

The defendant has 30 days to file an answer or counterclaim. If the defendant does not respond, the plaintiff may seek a default judgment.

Step 3: Discovery and Negotiation

In contested cases, both parties engage in discovery — exchanging financial documents, answering interrogatories, and potentially taking depositions. Both spouses must file a financial statement disclosing income, expenses, assets, and debts.

Step 4: Mediation or Settlement Conference

Maryland courts encourage — and in some counties require — mediation or a settlement conference before trial. Many counties have court-connected mediation programs.

Step 5: Trial

If the parties cannot reach an agreement, the case proceeds to a bench trial (no jury). The judge hears testimony, reviews evidence, and decides all contested issues.

Step 6: Judgment of Absolute Divorce

The court enters a Judgment of Absolute Divorce, which officially ends the marriage and incorporates the terms of the settlement agreement or the court’s orders on property division, alimony, custody, and support.

Property Division: Equitable Distribution

Maryland is an equitable distribution state. The court divides marital property fairly, which does not necessarily mean equally. The court has broad discretion to determine what division is equitable based on the specific circumstances.

Marital vs. Non-Marital Property

Marital property includes assets and debts acquired during the marriage, regardless of title — real estate, bank accounts, retirement accounts, vehicles, businesses, and personal property. Non-marital property includes assets owned before the marriage, inheritances, and gifts received by one spouse.

Factors the Court Considers

Under Md. Code, Family Law 8-205, the court considers:

• The contributions of each spouse to the well-being of the family, including monetary and non-monetary contributions such as homemaking and child-rearing
• The value of all property interests of each spouse
• The economic circumstances of each spouse at the time of the property division
• The circumstances and facts that contributed to the estrangement of the parties
• The duration of the marriage
• The age and physical and mental condition of each spouse
• How and when specific marital property was acquired, including the effort expended by each spouse
• Any award of alimony and any other provision the court has made regarding family use personal property or the family home
• Whether either spouse dissipated marital assets

The Family Home

One of the most contested issues in Maryland divorces is the family home. The court may:

• Award the home to one spouse and offset the value with other assets
• Order the home sold and the proceeds divided
• Grant one spouse exclusive use and possession of the family home for up to three years after the divorce, typically when minor children are involved

For a broader overview, see our guide on property division in divorce.

Alimony

Maryland courts may award alimony based on the financial circumstances of both spouses. The court considers 12 statutory factors, including the length of the marriage, each spouse’s financial resources, and the standard of living during the marriage.

While the 2023 reform eliminated fault as an independent ground for divorce, marital misconduct may still be considered as a factor in alimony determinations. For example, if one spouse’s adultery or financial misconduct contributed to the breakdown of the marriage, the court may take that into account when deciding whether and how much alimony to award.

For a detailed look at Maryland alimony, see our guide on Maryland alimony: factors and types.

For a national overview, see our guide on how alimony works.

Child Custody and Support

Maryland uses the best interest of the child standard when making custody decisions. The court considers a range of factors, including:

• Each parent’s fitness and character
• The child’s preference (if the child is of sufficient age and maturity)
• The ability of each parent to maintain the child’s relationships with the other parent and extended family
• The child’s adjustment to home, school, and community
• Any history of abuse

Child support in Maryland is calculated using income shares guidelines based on both parents’ income, the number of children, and other factors such as health insurance costs and childcare expenses.

For more on custody, see our guide on how custody is determined.

Uncontested vs. Contested Divorce

An uncontested divorce in Maryland — typically filed on the mutual consent ground — is the fastest and least expensive option. Both spouses agree on all terms, submit a signed settlement agreement, and attend a brief hearing. The entire process can be completed in a matter of weeks.

A contested divorce involves disputes over one or more issues and requires court intervention to resolve. Contested cases take longer, cost more, and often involve discovery, mediation, and possibly a trial.

For more on the differences, see our guide on contested vs. uncontested divorce.

Frequently Asked Questions

How long does a divorce take in Maryland?

It depends on the type of divorce. A mutual consent divorce can be finalized in as little as a few weeks if both spouses agree on all terms. A divorce based on six-month separation requires waiting out the separation period first. A contested divorce may take six months to over a year, depending on the issues involved and the court’s schedule.

Can I still file for divorce based on adultery in Maryland?

No. The 2023 reform eliminated adultery as an independent ground for divorce. However, marital misconduct — including adultery — may still be relevant as a factor when the court considers alimony awards.

Do I need to be separated before filing for divorce in Maryland?

Not if you file on the mutual consent or irreconcilable differences ground. The six-month separation period is only required if you are using separation as the basis for the divorce.

What if my spouse won’t agree to the divorce?

You do not need your spouse’s agreement. You can file on the ground of irreconcilable differences or six-month separation without the other spouse’s consent. The mutual consent ground is the only ground that requires both spouses to agree.

How much does it cost to file for divorce in Maryland?

The court filing fee is approximately $165. Additional costs include attorney fees, service of process fees, and potential costs for mediation, appraisals, or expert witnesses. The total cost depends on whether the divorce is contested or uncontested.

What to Do Next

Maryland’s modernized divorce laws have made the process more straightforward, but there are still important decisions to make about property division, alimony, custody, and support. Getting the right guidance early can save time, money, and stress.

Schedule a free consultation with a Maryland family law attorney to discuss your situation, understand how the new laws apply to your case, and start planning your next steps.