Maryland Divorce Laws (2026): Grounds, Residency, and Process

Maryland is now a no-fault-only state: as of October 1, 2023, all fault grounds were repealed. You can divorce on mutual consent (written settlement), irreconcilable differences, or 6-month separation. No separation period is required for mutual consent or irreconcilable differences. Cases are heard in Circuit Court.

Grounds for divorce in Maryland

Maryland law changed dramatically on October 1, 2023, when SB 36 took effect. The legislature repealed every fault-based ground for divorce that existed under the old law, including adultery, desertion, cruelty, excessively vicious conduct, and conviction of a crime. Maryland is now a pure no-fault state.

Under the current Md. Code, Family Law 7-103, there are three grounds for an absolute divorce. First, mutual consent: both spouses have signed a written settlement agreement resolving all issues of alimony, property division, and, if applicable, custody and child support. This ground has no separation or waiting period; once the agreement is signed and all issues are resolved, the parties can proceed to court. Second, irreconcilable differences: one or both spouses assert that the marriage has broken down due to irreconcilable differences, with no requirement to have lived apart. Third, 6-month separation: the parties have lived separate and apart, which may include living under the same roof without cohabiting as spouses, for at least six continuous months before filing.

The 2023 reform also abolished limited divorce, which was Maryland's version of a legal separation order. That status no longer exists as a separate legal proceeding.

Residency requirement

Maryland's residency rule depends on where the grounds for the divorce arose. Under Md. Code, Family Law 7-101, if all of the events or circumstances that form the basis of your divorce occurred in Maryland, there is no minimum residency period. If the grounds arose outside of Maryland, at least one party must have been a Maryland resident for six months before filing.

In practice, most divorces involving Maryland residents will satisfy this requirement easily, since the breakdown of the marriage typically occurred while the parties were living in Maryland. Divorce cases in Maryland are filed in the Circuit Court of the county where either party resides.

Waiting period and separation

Understanding the difference between these two concepts is important in Maryland, because the answer depends entirely on which ground you choose.

For the mutual consent ground, there is no waiting period and no separation requirement. As soon as both parties have signed a comprehensive written settlement agreement that resolves all issues, you can file and schedule a hearing. This is the fastest path to divorce in Maryland for couples who can agree on everything.

For the irreconcilable differences ground, there is also no required waiting period and no separation period. Either spouse can assert irreconcilable differences, and the case proceeds without needing to show how long the parties have been apart.

For the 6-month separation ground, the parties must have lived separate and apart for at least six continuous months before the complaint for divorce is filed. Filing before that period is complete puts the case at risk of dismissal. Once the six months are done and the case is filed, there is no additional cooling-off period stacked on top of it. Importantly, Maryland law allows the 6-month separation to occur even if the spouses are still living in the same physical home, as long as they are not cohabiting as a married couple.

Prior to the 2023 reform, Maryland required a 12-month separation for the no-fault separation ground. SB 36 cut that to 6 months, making Maryland's separation-based path considerably shorter.

How property is divided

Maryland is an equitable distribution state, not a community property state. The nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) divide marital assets roughly 50/50 by default. Maryland takes a different approach: the Circuit Court divides marital property in a way that is fair and just under all the circumstances, which is not the same as an equal split.

Marital property is the property, however titled, that either spouse acquired during the marriage, regardless of whose name is on the account or title (Md. Code, Family Law 8-201(e)). Maryland sets no separation cutoff: the marriage does not end until the court enters the judgment of absolute divorce, so income and assets acquired after the spouses separate can still be marital property. Separate property, such as assets owned before the marriage or received as a gift or inheritance during the marriage, is ordinarily not subject to division, though it can become marital if it is commingled with marital funds.

Maryland courts weigh factors including the length of the marriage, each spouse's monetary and nonmonetary contributions to the marital estate, each party's economic circumstances, and the circumstances that led to the estrangement. The court can issue a monetary award to adjust for any inequity in how titled assets are distributed.

Alimony, custody, and child support

Maryland courts can award alimony as part of or after the divorce. The court considers the length of the marriage, each spouse's ability to support themselves, and other factors. For a full discussion of how Maryland calculates and awards spousal support, see the Maryland alimony laws page.

Child custody in Maryland is determined based on the best interests of the child, with courts considering factors such as fitness of each parent, the child's relationships, and material opportunities. See the Maryland child custody laws page for a detailed breakdown.

Child support is calculated using the Maryland Child Support Guidelines, an income-shares model that accounts for both parents' incomes and various child-related expenses. Courts resolve child support alongside or after the divorce decree. Estimate your payment with our Maryland child support calculator.

How to file for divorce in Maryland

The first step is choosing your ground and confirming you meet any applicable residency requirement. If you are using mutual consent, both you and your spouse must first reach and sign a comprehensive written settlement agreement covering property, alimony, and any custody or support issues involving children. That one agreement settles every issue, so ask a Maryland family lawyer to check its property and alimony terms in a free case evaluation before you sign (attorney advertising).

Next, file a Complaint for Absolute Divorce in the Circuit Court of the county where either party lives. Maryland's judiciary website provides standardized forms and a self-help center. After filing, you must serve your spouse with a copy of the complaint and summons unless both of you are filing jointly under the mutual consent route.

Your spouse has 30 days (or 60 days if served outside Maryland) to file an answer. Both parties are typically required to exchange financial disclosure statements. If children are involved, a parenting plan is part of the process. In contested cases, the parties may be referred to mediation before a trial is scheduled.

Once all issues are resolved or adjudicated, the Circuit Court holds a brief hearing and enters a Judgment of Absolute Divorce. That judgment is the legal decree dissolving the marriage.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Maryland.

For a full overview of how divorce law works across all 50 states, visit the Divorce Laws hub. You may also want to review Maryland alimony laws and Maryland child custody laws for related topics that are typically resolved in the same proceeding.

More Maryland Laws

• Maryland Alimony Laws
• Maryland Child Custody Laws
• Maryland Child Support Laws
• Maryland Common Law Marriage Laws
• Maryland Restraining Order Laws
• Maryland Unclaimed Property

Frequently Asked Questions

How long does it take to get a divorce in Maryland?

It depends on the ground and whether the case is contested. A mutual consent divorce, where both spouses have already signed a full settlement agreement, can be finalized in a few weeks after filing. An irreconcilable differences case with no disputes can also move quickly. If you use the 6-month separation ground, you must complete that period before you file. Contested divorces involving disputes over property, alimony, or custody typically take several months to over a year.

How much does a divorce cost in Maryland?

Filing fees for a Complaint for Absolute Divorce in Maryland Circuit Court vary by county; check the court's fee schedule for the current amount. Additional costs can include service fees, attorney fees, and any required mediation. Uncontested mutual-consent divorces are generally less expensive than litigated cases.

Do I need a reason to get divorced in Maryland?

No. Since October 1, 2023, Maryland is a no-fault state. You can cite irreconcilable differences or mutual consent without alleging any wrongdoing by your spouse. There is no requirement to prove fault, and fault is no longer a recognized ground for divorce in Maryland.

Is Maryland a community property state?

No. Maryland uses equitable distribution, meaning the court divides marital property in a way that is fair given all the circumstances. That does not mean an automatic 50/50 split; the judge has discretion to fashion a fair result based on each party's contributions and financial situation.

How long do I have to be separated to get divorced in Maryland?

If you use the separation ground, you must live separate and apart for 6 continuous months before you file the complaint for divorce, not merely before the court grants it. This 6-month period is not required if you use the mutual consent or irreconcilable differences grounds, which have no separation requirement. The 2023 reform cut the prior 12-month separation requirement in half.

Can I get divorced without my spouse agreeing?

Yes. Maryland's irreconcilable differences ground and the 6-month separation ground can both be used unilaterally. Only mutual consent requires both spouses to sign an agreement. If your spouse does not respond to the complaint, the court may grant a default divorce.

Do I have to live in Maryland to file for divorce there?

If the grounds arose outside Maryland, at least one spouse must be a Maryland resident for 6 months before filing. If the grounds arose in Maryland, there is no minimum residency duration. In practice, if you and your spouse lived in Maryland while the marriage was breaking down, you will almost certainly meet this requirement.