Divorce in Maryland
Maryland allows divorce on three no-fault grounds: mutual consent, a six-month separation, or irreconcilable differences. The state uses equitable distribution for property division. Since October 1, 2023, fault grounds such as adultery and desertion are no longer grounds for divorce, and couples can divorce by mutual consent or for irreconcilable differences without first separating.
Quick Facts
Residency Requirement
One spouse a resident (6 months if grounds arose elsewhere)
Waiting Period
None for mutual consent
Filing Fee (approximate, varies by county)
$165-$350
Property Division
equitable distribution
Grounds for Divorce
- Mutual consent
- Six-month separation
- Irreconcilable differences
Key Facts
- Since October 2023, the only grounds are mutual consent, six-month separation, and irreconcilable differences; the fault grounds and the one-year separation ground were repealed
- Divorce by mutual consent needs a signed settlement agreement and no separation period
- Property is divided by equitable distribution
- You can file if you or your spouse lives in Maryland; if the grounds arose outside Maryland, one of you must have lived there for at least six months
- The circumstances that led to the breakdown of the marriage are still a factor in alimony and property awards
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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FAQs
Common questions about divorce in Maryland
Not always. Since October 2023, you can file based on mutual consent or irreconcilable differences without separating first. Separation is required only for the six-month separation ground.
It can. Maryland's divorce grounds are all no-fault now, but the circumstances that contributed to the breakdown of the marriage are one of the factors a court weighs for both a monetary award (property) and alimony.