Maryland Divorce FAQS

You can obtain a certified copy of your Maryland divorce decree from the Circuit Court where your divorce was finalized. Requests can be made in person, by mail, or online. Provide the names of both spouses, the case number, and the date of the divorce.

Yes, Maryland divorce records are generally public unless sealed by court order. Basic case details, like names and filing dates, are accessible via the Maryland Judiciary Case Search portal.

A certified divorce decree includes the court’s raised seal or stamp and is legally valid for government, legal, or financial purposes. A regular copy is for personal use only and lacks certification.

Yes, since divorce records are public. However, certain information, such as financial records or custody details, may be restricted or sealed.

Divorce decrees are maintained by the Circuit Court in the county where the divorce was granted. The Maryland Division of Vital Records also maintains divorce verifications dating back to 1961.

Certified copies are typically processed within 5–10 business days, depending on the method of request and the court’s workload.

Yes. Many Maryland Circuit Courts and the Maryland Vital Records portal allow online requests.

You’ll need both spouses’ full names, the county of divorce, approximate divorce date, and the case number if available.

Yes. Cases involving domestic violence, minors, or sensitive financial information may be sealed. Only authorized parties or attorneys can access these records.

Circuit Courts maintain divorce decrees going back to the 1800s in some counties. The Division of Vital Records holds official divorce data from 1961.

Maryland allows both fault and no-fault divorce. Fault grounds include adultery, cruelty, desertion, or felony conviction. No-fault grounds include mutual consent or living separate and apart for at least six months.

Yes. Spouses can file jointly if they agree on property, custody, and support issues and meet the required separation period.

Maryland uses equitable distribution, meaning property is divided fairly, not necessarily equally. Courts consider marriage length, contributions of each spouse, financial circumstances, and other relevant factors.

Yes. Misconduct such as adultery or abuse may influence alimony and property division decisions.

No. While legal separation is optional, some couples file for limited divorce to address temporary custody, support, or property issues.

Alimony is based on factors such as income disparity, the length of the marriage, standard of living, and each spouse’s financial needs and earning potential.

Yes. Spouses can agree to waive alimony in a written settlement, but the court must approve the waiver as fair and voluntary.

Yes, if the agreement was entered voluntarily, with full financial disclosure, and without coercion.

Mediation is often encouraged, especially in cases involving children, and may be ordered by the court to resolve disputes.

Yes. Parents are usually required to complete a court-approved parenting course before the divorce is finalized.

Yes. A business started or grown in value during the marriage may be considered marital property and subject to division.

Courts typically rely on professional valuation experts who assess financial records, assets, liabilities, and market conditions.

Yes. Even if a spouse did not manage the business, marital contributions or funds used in the business may entitle them to a share.

Owners can use prenuptial/postnuptial agreements, maintain accurate records, and establish buy-sell agreements to safeguard business ownership.

Yes. Business-related debts accumulated during the marriage are considered in the equitable distribution of assets.

Yes. A valid buy-sell agreement defines ownership rights and can limit exposure during divorce proceedings.

Yes, especially in complex or high-value business cases, to assess income, assets, and potential hidden property.

Yes. The court may award one spouse full ownership while compensating the other spouse with equivalent assets or cash.

Any increase in the business’s value during the marriage is considered marital property, even if the business was separate property originally.

Yes. Business earnings and cash flow are factored into alimony and spousal support calculations.

High net worth divorces typically involve total assets exceeding $1 million, including multiple properties, investments, trusts, or businesses.

Courts divide these assets through equitable distribution, often using professional valuation and tax planning to ensure fairness.

Yes. Discovery, subpoenas, and forensic accounting can uncover hidden or transferred assets.

Out-of-state or international property is considered in equitable distribution, though enforcement may require additional legal procedures.

Yes. The claiming spouse must provide clear documentation proving the property was acquired before marriage, by inheritance, or as a gift.

Yes. Courts consider the marital standard of living when determining alimony.

Courts consider tax implications to ensure equitable after-tax distribution of assets.

Yes. Courts can issue injunctions to prevent either spouse from dissipating or transferring marital assets.

Yes. These experts help accurately assess asset value, income, and hidden property.

High-value personal items, like art, jewelry, and vehicles, are appraised and divided equitably.

The divorce process begins by filing a Complaint for Absolute Divorce with the Circuit Court in the county where you or your spouse resides.

At least one spouse must have lived in Maryland for six months prior to filing if the grounds for divorce occurred outside the state.

Uncontested divorces may take a few months, while contested cases can take a year or more, depending on complexity.

A Complaint for Divorce, Civil Domestic Case Information Report, and financial statements are typically required.

No. One spouse can file independently, though mutual consent can expedite the process.

The responding spouse must file an answer. Failure to respond may lead to a default judgment.

Yes. No-fault divorces require at least six months of separation for living-apart cases.

Courts can issue temporary orders to manage child custody, visitation, or spousal support until the divorce is finalized.

In uncontested cases with a complete settlement, some courts allow finalization without hearings.

A default judgment is granted when a spouse fails to respond or appear, allowing the petitioner to obtain divorce and related relief.

Contested cases proceed through discovery, mediation, and potentially a trial before the court issues a final judgment.

Yes. Maryland courts can hear cases as long as residency requirements are met and proper service is provided.

While self-representation is allowed, legal counsel is strongly recommended, especially for contested or complex cases.

Yes. Fees generally range around $165, though fee waivers may be granted for financial hardship.

Yes. You can request to restore a former or maiden name as part of the final divorce decree.

The court can penalize concealment, adjust property division, or require reimbursement.

Custody is based on the child’s best interests, including stability, parental capability, and the parent-child relationship.

Yes. Courts may issue restraining or protective orders in cases involving domestic violence or harassment.

A limited divorce addresses temporary support or custody but does not end the marriage. An absolute divorce terminates the marriage entirely.

Mediation allows parents or spouses to negotiate custody, property, and support issues before going to trial.

In uncontested cases with a complete settlement, some courts allow finalization without hearings.