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Maryland divorce guide

Divorce in Maryland

Everything you need to file in Maryland: who can file, how long it takes, what it costs, how property and support work, and the forms you will use.

The Maryland State House in Annapolis

Maryland at a glance

The fast facts

Residency

No residency period is required if the grounds for divorce arose in Maryland; otherwise one spouse must have lived in Maryland for 6 months before filing

Waiting period

No waiting period for Mutual Consent or Irreconcilable Differences divorce; a 6-month separation is required only if using the 6-Month Separation ground

Filing fee

$165, fee waivers available

Property

Equitable distribution

Grounds

No-fault only

Legal separation

Not available

Reviewed September 2026 from Maryland's court self-help pages and statutes. Fees and local rules change, so confirm with your county clerk before you file.

How to file for divorce in Maryland

  1. Check residency. No residency period is required if the grounds for divorce arose in Maryland; otherwise one spouse must have lived in Maryland for 6 months before filing.
  2. Prepare and file the Complaint for Absolute Divorce (Form CC-DR-020) with the Circuit Court in your county. The filing fee is typically $165, and you can ask for a fee waiver if you cannot afford it.
  3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
  4. Exchange financial disclosures. Both spouses must file a Financial Statement, using Form CC-DR-030 when combined monthly net income is $30,000 or less, or CC-DR-031 for higher incomes.
  5. Settle the issues in a written agreement, and a parenting plan if you have children.
  6. Wait out the waiting period. No waiting period for Mutual Consent or Irreconcilable Differences divorce; a 6-month separation is required only if using the 6-Month Separation ground. Then ask the court for your final judgment.

Residency and grounds

Residency: No residency period is required if the grounds for divorce arose in Maryland; otherwise one spouse must have lived in Maryland for 6 months before filing.

Grounds: No-fault only. You do not need to prove anyone did anything wrong.

Separation: Not required for Mutual Consent or Irreconcilable Differences grounds; 6 months living separate and apart without interruption is required only for the 6-Month Separation ground (same-roof separation can qualify if spouses are living separate lives).

How property is divided

Maryland uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Maryland uses the terms legal custody and physical custody. Every decision is made in the child's best interests.

Parenting class: Required in most counties for parents of minor children, typically a 6-hour class costing around $25.

Child support: Maryland uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Maryland alimony (pendente lite, rehabilitative, or indefinite) can only be ordered before the final divorce decree is entered; there is no post-decree alimony claim.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Maryland does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: not offered in Maryland as a separate case.

How long it takes

The minimum is set by the waiting period: no waiting period for Mutual Consent or Irreconcilable Differences divorce; a 6-month separation is required only if using the 6-Month Separation ground. A typical timeline is mutual Consent divorces can finalize in as little as a few weeks to a couple of months; other uncontested cases typically take 1 to 4 months. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Maryland

  • Maryland abolished all fault-based grounds and its formal limited divorce/legal separation process effective October 1, 2023.
  • Courts cannot directly split titled property; instead they order a monetary payment to equalize an unequal division.
  • The $165 filing fee reflects the statewide schedule effective October 1, 2025, and fee waivers are available for qualifying low-income filers.

Official resources

Official forms and instructions come from Maryland's courts. Sources we reviewed:

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.

Straight answers

Maryland divorce, plain answers

How long does a divorce take in Maryland?

The waiting period is no waiting period for Mutual Consent or Irreconcilable Differences divorce; a 6-month separation is required only if using the 6-Month Separation ground. A typical timeline is mutual Consent divorces can finalize in as little as a few weeks to a couple of months; other uncontested cases typically take 1 to 4 months.

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

The court filing fee is typically $165. You can ask for a fee waiver if you cannot afford it. Service and any required classes are extra.

How long do I have to live in Maryland to file?

No residency period is required if the grounds for divorce arose in Maryland; otherwise one spouse must have lived in Maryland for 6 months before filing.

Is Maryland a community property state?

No. Maryland uses equitable distribution, so marital property is divided fairly, which is not always equally.

Can I divorce in Maryland if my spouse will not agree?

Yes. Your spouse cannot stop the divorce. Once they are properly served, the case can go ahead, by default if they do not respond.

Does Maryland have legal separation?

No. Maryland does not offer legal separation as a separate case.

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