If you’re thinking about ending your marriage in Maryland, you need to know what the law requires before you can file for divorce. The state has specific rules that affect when and how you can start the process. Knowing these steps helps you avoid delays and confusion.
Residency requirements
Maryland law requires that at least one spouse live in the state. If the reason for the divorce happened in Maryland, you or your spouse must live in the state when you file. If the reason occurred outside Maryland, you must have lived in the state for at least six months before filing.
This residency rule makes sure state courts have authority over your case. If you recently moved to the state, you may need to wait before filing. This rule applies to both mutual consent and limited divorces.
Grounds for divorce
As of October 2023, Maryland now offers three legal grounds for divorce: 6-month separation, irreconcilable differences, and permanent legal incapacity. You no longer need to prove fault like adultery or cruelty. Instead, you only need to show that your marriage has ended and cannot be repaired.
To use the 6-month separation ground, you and your spouse must live apart without interruption and without having sex for six months. This separation can happen even if you live under the same roof, as long as you maintain separate lives.
Filing the paperwork
You begin the divorce process by filing a Complaint for Absolute Divorce with the circuit court in your county. You’ll need to pay a filing fee unless you qualify for a waiver. Your spouse will be served with the papers and given time to respond.
If both of you agree with the terms, you may not need to go to court. But if you disagree on issues like property or child custody, a judge will hold a hearing to resolve them. Maryland encourages settlement when possible.
What to expect next
Once you meet the legal requirements, the court will review your case. If everything checks out, the judge will grant the divorce and issue a final decree. This document makes your divorce official and outlines any custody, support, or property arrangements.
Getting a divorce follows a clear process, but it still requires planning and paperwork. Knowing what to expect helps you take the right steps from the start.