Key Takeaways

  • Property division: Equitable distribution.
  • Residency requirement: 6 months in the state (12 months if the grounds arose outside Maryland).
  • Waiting period: None for mutual consent divorces; 6 months of separation for non-mutual divorces.
  • Filing fee: $165 - $200.
Equitable distribution Property division method
6 months in the state (12 months if the grounds arose outside Maryland) Residency requirement
None for mutual consent divorces; 6 months of separation for non-mutual divorces Waiting period
$165 - $200 Filing fee

Grounds for Divorce

Maryland allows no-fault divorce. The no-fault ground is: Mutual consent or 6-month separation.

Maryland is a pure no-fault state. No fault-based grounds are available.

Residency Requirements

6 months in the state (12 months if the grounds arose outside Maryland).

Property Division

Maryland is an equitable distribution state. Maryland follows equitable distribution. Courts divide marital property fairly based on each spouse's monetary and nonmonetary contributions, the value of all property, the economic circumstances of each party, how and when specific assets were acquired, and the length of the marriage.

Alimony / Spousal Support

Maryland courts may award alimony (rehabilitative or indefinite) based on the ability of the requesting spouse to be self-supporting, the time needed for education or training, the standard of living during the marriage, the duration of the marriage, the financial circumstances of each party, and contributions to the family.

Child Custody

Maryland courts determine custody based on the best interest of the child. Factors include the fitness of each parent, the character and reputation of each party, material opportunities affecting the child, the preference of the child, and any agreements between the parents.

Child Support

Maryland uses the income shares model. Child support guidelines consider both parents' actual incomes, the number of children, work-related childcare costs, extraordinary medical expenses, and health insurance premiums.

Filing Fee

The filing fee for divorce in Maryland is $165 - $200. Fee waivers may be available for those who cannot afford to pay.

Maryland court divorce resources

Related Resources

Frequently Asked Questions

  • What are the grounds for divorce in Maryland?

    Maryland allows no-fault divorce by mutual consent (no waiting period required) or after a 6-month separation. Following recent reforms, Maryland eliminated its fault-based grounds for divorce.

  • How long do you have to live in Maryland to file for divorce?

    At least one spouse must have been a resident of Maryland for at least 6 months before filing. If the grounds for divorce arose outside Maryland, the residency requirement increases to 12 months.

  • How is property divided in a Maryland divorce?

    Maryland uses equitable distribution. Courts divide marital property fairly based on each spouse's contributions (both monetary and nonmonetary), the length of the marriage, and the economic circumstances of each party.

  • How long does a divorce take in Maryland?

    For mutual consent divorces, there is no waiting period, and uncontested cases can be finalized in approximately 2 to 3 months. If mutual consent is not possible, a 6-month separation is required before filing. Contested cases can take longer.

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