Filing for Divorce in Maryland

Ending a marriage is never easy, but understanding the legal process can reduce stress and help you move forward with confidence. Maryland has specific requirements and procedures for divorce that differ from other states. Whether you're considering filing or have already decided to proceed, knowing what to expect helps you prepare for each step of the journey ahead.

Maryland recognizes absolute divorce as the legal termination of marriage. Once granted, an absolute divorce fully ends the marriage, allowing both parties to remarry and resolving important matters including property division, spousal support, child custody, and child support. The state formerly offered limited divorce, but this option was abolished as of October 1, 2023.

An absolute divorce decree addresses all aspects of ending the marriage. Courts can order division of marital property, establish custody arrangements for minor or dependent children, require child support payments, and award alimony when appropriate. Addressing these issues in your divorce decree allows courts to enforce the terms if either spouse fails to follow them.

Unlike some states that require proving fault or wrongdoing, Maryland now operates under a simplified system with just three grounds for divorce. This approach reduces conflict and allows couples to end marriages without assigning blame or proving misconduct.

Residency Requirements

Before you can file for divorce in Maryland, you must meet specific residency requirements. At least one spouse must physically live in Maryland at the time of filing. The length of time you need to have lived in the state depends on where the grounds for your divorce occurred.

If the grounds for divorce occurred in Maryland, you only need to be currently living in Maryland when you file. No minimum time period applies in this situation. For example, if you and your spouse separated while living in Maryland, you can file as soon as you establish residency in the state.

If the grounds for divorce happened outside of Maryland, either you or your spouse must have lived in Maryland for at least six months before filing a complaint for absolute divorce. This six-month requirement ensures a genuine connection to Maryland before allowing its courts to handle your case.

Military service members can file in Maryland if they established residency here before entering the armed services, even if they haven't physically lived in the state since joining the military. This special provision recognizes the unique circumstances of service members stationed elsewhere.

Grounds for Divorce

Maryland law requires establishing at least one legal ground, or reason, for divorce before courts will grant a dissolution. The state recognizes three grounds, none of which require proving fault or wrongdoing by either spouse.

Mutual consent allows couples who agree on all issues to divorce quickly. This ground requires both spouses to sign a written settlement agreement resolving all matters related to alimony, property division, and the care, custody, and support of any minor or dependent children. The settlement must be filed with the complaint for divorce, and neither party can object to it before the hearing. If child support is part of the agreement, a completed child support guidelines worksheet must be attached.

Six-month separation requires that spouses have lived separate and apart without interruption for at least six months before filing the divorce complaint. Importantly, you can meet this requirement even while living under the same roof, as long as you have pursued separate lives. The separation can also be based on a court order, such as a protective order.

Irreconcilable differences applies when you or your spouse believes the marriage should end for reasons that cannot be resolved. This no-fault ground recognizes that some marriages simply cannot continue due to fundamental problems or incompatibilities that make reconciliation impossible.

Where to File Your Complaint

Divorce cases in Maryland must be filed in circuit court, not district court. You have options for which county's circuit court to use based on where the parties live or work.

You can file in the circuit court of the county where you reside, or in the county where your spouse resides. If your spouse is regularly employed or has a place of business in a particular county, you may also be able to file there. These options provide flexibility, particularly when spouses live in different counties.

The Maryland Courts website provides information about specific circuit courts throughout the state, including contact information and locations. Choosing the most convenient location can make attending hearings and managing paperwork easier throughout the process.

Preparing Your Complaint for Absolute Divorce

The complaint for absolute divorce is the document that officially starts your divorce action. Maryland provides form CC-DR-020 for this purpose, available on the Maryland Courts website. This form requires specific information to establish the court's jurisdiction and identify the issues to be resolved.

Your complaint should include residency information showing where you and your spouse each currently live. It must detail your marriage, including the date and location of the ceremony, and whether you had a civil or religious marriage. If you have children together, list the names and ages of any minor or dependent children.

The complaint asks you to identify other cases involving you, your spouse, or your children, including their location, case numbers, and resolution. This helps courts coordinate related matters and avoid conflicting orders.

You must specify which ground or grounds for divorce apply to your situation. The complaint also allows you to request specific relief, including alimony, use of marital property, division of assets, and other orders you want the court to make.

Required Supporting Documents

Along with the complaint for absolute divorce, you must file several supporting documents that provide the courts with the necessary information about your situation.

A Civil Domestic Information Report using form CC-DCM-001 provides basic demographic and case information. This form helps courts track and manage family law cases efficiently.

Financial statements are required in cases involving support or alimony. If you're requesting alimony, file form CC-DR-031, the Long Form Financial Statement. This comprehensive form details your income, expenses, assets, and debts. If you're requesting child support and your combined gross monthly income with your spouse is thirty thousand dollars or less, use form CC-DR-030, the Short Form Financial Statement (Child Support Guidelines). When requesting both alimony and child support, the Long Form Financial Statement covers both issues.

Financial statements must be accompanied by a Notice of Restricted Information using form MDJ-008. This notice protects sensitive personal information from public disclosure.

If you're filing based on mutual consent, attach your signed marital settlement agreement and a completed child support guidelines worksheet if child support is part of your agreement.

Filing Fees and Waivers

The initial filing fee for a divorce case in Maryland is one hundred sixty-five dollars, paid to the Clerk of the Circuit Court in the county where you file. This fee covers the administrative costs of processing your case and maintaining court records.

If you cannot afford the filing fee based on your income, you can request a fee waiver. Maryland provides forms and instructions for requesting waivers based on financial hardship. Courts evaluate your income, expenses, and financial resources to determine eligibility. Being granted a fee waiver allows you to proceed with your divorce action without the financial barrier of the filing fee.

Service of Process

After filing your complaint, you must formally notify your spouse about the divorce action through a process called service of process. This critical step ensures your spouse receives official notice and has an opportunity to respond.

When you file your complaint, the court issues a Writ of Summons. You must serve your spouse with the summons, the complaint for absolute divorce, all documents filed with the complaint, and a blank Domestic Case Information Report form. Service must occur within sixty days of when the court issued the summons.

Service can be accomplished through several methods. Certified mail provides a documented delivery record. The sheriff's office in the county where your spouse lives can personally serve the documents. Private process servers also provide this service for a fee.

If your spouse lives outside Maryland or cannot be located, you may need to use alternative service methods. Courts can authorize service by publication in newspapers or posting at the courthouse when traditional methods aren't possible.

After your spouse is served, you must file proof of service with the court. This affidavit confirms that your spouse received proper notice as required by law.

Responding to a Divorce Complaint

If your spouse files for divorce and serves you with a complaint, you must respond by filing an answer within specific deadlines. The timeframe depends on where you were served.

If served in Maryland, you have thirty days to file your answer. Service in another state gives you sixty days. If served outside the United States, you have ninety days to respond.

In your answer, using form CC-DR-050, you agree or disagree with each statement your spouse made in their complaint. You can also raise defenses or explain your position on contested issues.

If you want the court to address matters different from what your spouse requested, you can file a counter-claim using form CC-DR-094. Counter-claims allow you to raise your own requests for relief, including property division, custody arrangements, or spousal support.

Failing to file an answer on time has serious consequences. Your spouse can request an Order of Default, allowing the case to proceed without your participation. Courts may grant the divorce and make orders based solely on your spouse's requests without hearing your side.

Settlement Agreements and Mediation

Many divorcing couples reach agreements on some or all issues without going to trial. Settlement agreements save time, reduce costs, and give you more control over outcomes than leaving decisions to a judge.

A marital settlement agreement resolves issues including property division, spousal support, child custody, and child support. When both parties sign a comprehensive settlement addressing all matters, you can file for divorce based on mutual consent. This streamlined process typically moves faster than contested cases.

Courts encourage mediation as a way to resolve disputes. Mediators are neutral professionals who facilitate discussions and help couples find mutually acceptable solutions. Mediation is particularly valuable for custody and parenting time disputes, where maintaining civil relationships benefits children.

Even if you don't reach a complete settlement, resolving some issues reduces what courts must decide at trial. Each agreement you reach simplifies the remaining process and reduces conflict.

Court Proceedings

The path your case takes through court depends on whether it's contested or uncontested. Uncontested divorces, where both parties agree on all terms, typically proceed more quickly and smoothly than contested cases.

• For uncontested divorces based on mutual consent or agreed-upon terms, courts schedule relatively brief hearings. The judge reviews your settlement agreement and supporting documents, asks questions to ensure you understand and agree to the terms, and verifies that any provisions affecting children serve their best interests. If satisfied, the judge grants the divorce and incorporates your agreement into the final decree.
• Contested divorces involve disputes over property, support, or custody that parties cannot resolve on their own. These cases typically require multiple court appearances including status conferences, settlement conferences, and potentially a trial. At trial, both parties present evidence and testimony, and the judge makes final decisions on all disputed issues.

Throughout the process, judges may issue temporary orders addressing immediate needs while the case is pending. These orders can cover temporary use of property, interim support payments, or temporary custody arrangements.

Property Division

Maryland follows equitable distribution principles for dividing marital property. Equitable means fair, though not necessarily equal. Courts consider various factors when determining how to divide assets and debts.

Property can be partially marital and partially non-marital, which can get complicated. For example, if one spouse owned a house before marriage but both contributed to mortgage payments during marriage, the property may be part separate and part marital.

If you can't agree on property division, courts use form CC-DR-033, the Joint Statement of the Parties Concerning Marital and Non-marital Property, to help determine fair distribution. When minor children are involved, courts can award one spouse exclusive use of the family home and family use personal property for up to three years, allowing children to remain in familiar environments.

Child Custody and Support

When divorcing couples have children, courts must address custody and support arrangements. Maryland law prioritizes the best interests of children when making these determinations.

Child custody has two components. Decision-making authority, formerly called legal custody, involves who makes important decisions about education, healthcare, religion, and other significant matters. Parenting time, formerly called physical custody, determines where children primarily live and when they spend time with each parent.

Parents can create their own parenting plans detailing custody arrangements and submit them to the court for approval. These plans should address daily schedules, holidays, vacations, transportation, communication, and decision-making processes. Courts generally approve reasonable plans that serve children's interests.

If parents cannot agree, courts hold hearings and make custody determinations based on factors including each parent's fitness and ability to care for children, the children's relationships with each parent, stability of proposed living arrangements, children's ages and needs, and each parent's willingness to encourage the children's relationship with the other parent.

Child support follows established guidelines that calculate appropriate amounts based on both parents' incomes, the number of children, childcare costs, health insurance expenses, and parenting time arrangements. Parents whose combined gross monthly income is thirty thousand dollars or less use the short form guidelines. Those with higher combined incomes use the general financial statement.

Support orders typically continue until children turn eighteen or graduate from high school, whichever occurs later, but not beyond age twenty-one. Support can be modified if circumstances change substantially.

Spousal Support

Alimony, or spousal support, is periodic payment one former spouse makes to the other. Maryland courts can only order alimony before the final divorce decree is entered. You cannot request alimony after your divorce is finalized, so it's crucial to address this issue during the divorce proceedings.

Maryland recognizes different types of alimony. Pendente lite alimony provides temporary support while the divorce is pending. Rehabilitative alimony offers limited-term support allowing one spouse to become self-supporting through education or training. Indefinite alimony provides ongoing support with no specific end date, typically awarded when a spouse cannot become self-supporting due to age, illness, or disability.

Courts consider numerous factors when deciding whether to award alimony and determining amounts and duration. These include each spouse's ability to support themselves, the time needed to gain education or training for employment, the standard of living during the marriage, the length of the marriage, contributions each spouse made to family wellbeing, circumstances that led to divorce, ages and health of both spouses, and the paying spouse's ability to meet their needs while providing support.

Unless otherwise agreed, alimony can be modified based on changed circumstances. It terminates upon the death of either party, the recipient's remarriage, or by court order to avoid harsh results.

Name Changes

If you want to restore a name you used before marriage, you can request this during your divorce proceedings. The court can order your name changed back to your former name as part of the divorce decree.

If you don't request a name change before the divorce is finalized, Maryland gives you eighteen months after the divorce to ask the court to restore your former name using form CC-DR-097. After eighteen months, you must file a separate name change case, which involves additional procedures and fees.

Electronic Filing

As of May 6, 2024, all Maryland circuit courts use the Maryland Electronic Courts system for electronic filing. Self-represented parties may register for this system and file documents electronically.

While e-filing is optional for self-represented individuals, once you file anything electronically, all subsequent filings in that case must also be e-filed. Attorneys are required to use electronic filing for most documents.

The Maryland Courts website provides resources, including the MDEC Policies & Procedures Manual and e-filing brochures, to help you understand the system. Electronic filing offers convenience and faster processing, though traditional paper filing remains available.

Do You Need an Attorney

While Maryland allows self-representation in divorce cases, family law attorneys provide valuable assistance that can significantly affect outcomes. Divorce involves complex legal issues with long-term financial and personal implications.

Consider hiring an attorney if your case involves substantial property or assets, retirement accounts requiring division, business ownership, disputes over child custody, contested support issues, or if your spouse has retained legal representation. Attorneys understand Maryland family law, can negotiate effectively on your behalf, help you avoid costly mistakes, and ensure your rights are protected.

If you cannot afford to hire an attorney for full representation, explore limited scope representation where attorneys help with specific tasks. The Maryland Court Help Center and Family Court Help Centers offer free legal information and limited advice, though staff cannot represent you in court.