Maryland Divorce Laws (2026): Grounds, Residency, and Process
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Maryland is now a no-fault-only state: as of October 1, 2023, all fault grounds were repealed.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 The legislature repealed every fault-based ground for divorce that existed under the old law, including adultery, desertion, cruelty, excessively vicious conduct, and conviction of a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 court enters a decree. That six months is the only delay built into this ground; 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 generally includes assets and debts that either spouse acquired from the date of marriage through the date of a final separation, regardless of whose name is on the account or title. 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 (called "alimony" under Maryland law) 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.
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.
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.
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Sources
- Md. Code, Family Law Section 7-103 (Grounds for Absolute Divorce) - Maryland General Assembly
- Md. Code, Family Law Section 7-101 (Jurisdiction) - Maryland General Assembly
- Maryland Courts, Self-Help Center - Maryland Judiciary
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.