Maryland Divorce Guide
Everything you need to know about filing for divorce in Maryland — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Maryland Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 0 days — Maryland has no mandatory waiting period after filing. For mutual consent divorce, the divorce can be granted as soon as a hearing is scheduled (typically 30-120 days after filing). For irreconcilable differences, no separation or waiting period is required to file. For 6-month separation, the 6-month separation must be completed before filing, but there is no additional waiting period after filing. The October 2023 law change eliminated the prior 12-month separation requirement. |
| Filing Fee | $165(fee waiver available) |
| No-Fault Grounds | Mutual Consent, 6-Month Separation, Irreconcilable Differences |
| Fault Grounds | None |
| Property Division | Equitable Distribution |
| E-Filing | Available — Maryland Electronic Courts (MDEC) e-filing is available statewide in all Maryland circuit courts as of May 6, 2024. E-filing is mandatory for attorneys under Maryland Rule 20-106. Self-represented litigants may choose to e-file but are not required to do so. An email address and valid credit card are required for registration. |
| Response Window | 30 days — The respondent has 30 days to file an Answer if served within Maryland, 60 days if served in another state, and 90 days if served outside the United States. Failure to respond within the deadline may result in a default judgment. The respondent has 30 days from the date of a default order to request it be vacated. |
Grounds for Divorce in Maryland
Maryland grants absolute divorce on three no-fault grounds: (1) 6-month separation where parties have lived separate and apart without interruption; (2) irreconcilable differences; (3) mutual consent where both parties submit a signed written settlement agreement resolving all issues. Md. Code, Family Law § 7-103.
No-Fault Grounds
- Mutual Consent — Both parties submit a signed written settlement agreement resolving all issues (alimony, property, and if applicable, child custody and support). No separation period required. Md. Code, Family Law § 7-103(a)(3).
- 6-Month Separation — The parties have lived separate and apart without interruption for at least 6 months before filing. Under the October 2023 law change, parties may live under the same roof if they have 'pursued separate lives.' Md. Code, Family Law § 7-103(a)(1).
- Irreconcilable Differences — Either party believes the marriage should end for reasons that cannot be resolved. No separation period or waiting period is required to file on this ground. Added effective October 1, 2023. Md. Code, Family Law § 7-103(a)(2).
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How to File for Divorce in Maryland
Meet Residency Requirements
You must have lived in Maryland for at least 6 months before filing. At least one party must have been a resident of Maryland for at least 6 months immediately preceding the filing of the divorce complaint. If the grounds for divorce arose outside of Maryland, at least one party must have been a Maryland resident for at least 6 months before filing. Md. Code, Family Law § 7-101.
Complete Your Forms
Maryland requires 3 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $165 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: certified mail, sheriff, personal, publication. Service must be made by someone who is at least 18 years old and not a party to the case. The plaintiff cannot personally serve the defendant. If service by certified mail fails (recipient refuses or is unavailable), an alternative method must be used.
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 0-day waiting period, the court can issue your final decree.
Special Rules in Maryland
Elimination of Fault-Based Grounds
Effective October 1, 2023, Maryland eliminated all fault-based grounds for divorce (adultery, desertion, cruelty, etc.) and limited divorces. Only three no-fault grounds remain: mutual consent, 6-month separation, and irreconcilable differences.
Separate Lives Under Same Roof
Under the 2023 law change, parties may satisfy the 6-month separation requirement while still physically residing under the same roof, provided they have 'pursued separate lives.'
Parenting Plan Required
Since January 1, 2020, all divorcing parties with minor or dependent children must create and execute a Parenting Plan outlining decision-making authority and parenting time. The plan must be signed by both parties and attached to the Complaint and Settlement Agreement.
Limited Divorce Abolished
As of October 1, 2023, Maryland no longer permits limited (legal separation) divorces. Only absolute divorces are available.
Mandatory Requirements
Parenting Course Required
When minor children are involved, both parents may be required by the court to attend a parenting education program, typically 4-6 hours. The course can usually be completed online or in-person. Cost is approximately $25. The requirement varies by county and judge discretion.
Mediation Required
Maryland courts refer all contested custody and visitation matters to mandatory mediation, provided the parties are represented by attorneys and there are no allegations of domestic abuse. Mediation is required before trial but parties cannot be forced to reach an agreement. Property and alimony disputes are not subject to mandatory mediation.
Financial Disclosure
Both parties must exchange financial disclosures within 30 days of filing.
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