Divorce in Maryland
Maryland allows both no-fault and fault-based grounds for divorce. The state uses equitable distribution for property division. Maryland eliminated the one-year separation requirement in 2023, allowing couples to divorce based on mutual consent or irreconcilable differences without separation.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
None for mutual consent
Filing Fee
$165-$350
Property Division
equitable distribution
Grounds for Divorce
- •Mutual consent
- •Irreconcilable differences
- •Adultery
- •Desertion
Key Facts
- ★Maryland eliminated the 1-year separation requirement in 2023
- ★Divorce by mutual consent is available without a waiting period
- ★Property is divided by equitable distribution
- ★At least one spouse must have been a Maryland resident for 6 months
- ★Fault grounds may still affect alimony and property division
Child Custody
Maryland courts determine custody based on the best interests of the child. The court considers the fitness of each parent, the child's preference, the ability of each parent to maintain a relationship with the child, and any history of abuse. Joint custody is an option.
Alimony / Spousal Support
Maryland courts may award alimony based on factors including 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, and each party's financial resources.
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Common questions about divorce in Maryland
No. As of October 2023, Maryland no longer requires a separation period for divorce. You can now file for divorce based on mutual consent or irreconcilable differences without any separation requirement.
Yes. While Maryland allows no-fault divorce, the court can consider marital misconduct as one factor in determining alimony. However, fault generally does not directly affect property division, which is based on equitable distribution principles.