equitable distributionNo-Fault Only

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six-month separation, and irreconcilable differences; the fault grounds and the one-year separation ground were repealed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.

Neighboring States

All States

Disclaimer: Anew provides educational information and planning tools only. This is not legal advice. Every divorce situation is unique. Always consult a licensed family law attorney in your state for advice specific to your situation.