Maryland · Divorce laws · Updated Oct 2026
Maryland divorce laws
Who can file for divorce in Maryland, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Maryland
- Who can file (residency)
- You can file if you or your spouse lives in Maryland. If the ground for divorce happened outside Maryland, one of you must have lived in Maryland for at least 6 months before filing.
- Waiting period
- There is no waiting period after filing. For the 6-month separation ground, you must have lived separate lives for 6 months without interruption before you file (you can do that under the same roof). Mutual consent and irreconcilable differences need no separation.
- Court
- Circuit Court in the county where you or your spouse live
- Official forms
- Divorce forms (Maryland courts)
- Court self-help
- Divorce self-help (Maryland courts)
- Filing fee
- $165 for a complaint for absolute divorce (Circuit Court Fee Summary Chart, effective Sept. 2, 2026)
- If you can't afford the fee
- Ask for a fee waiver based on your income: https://www.mdcourts.gov/legalhelp/filingfeewaivers
- Simpler process for agreed cases
- Mutual consent: if you both sign a settlement agreement resolving alimony, property and all child issues (with a child support worksheet if needed), you can file without any separation period; a short hearing is still required (Fam. Law 7-103(a)(3)).
- E-filing
- Maryland Electronic Courts (MDEC) e-filing is available in all circuit courts; self-represented people may e-file: https://www.mdcourts.gov/mdec/efiling
- Law
- Md. Code, Fam. Law 7-101 · Md. Code, Fam. Law 7-103
Divorce in Maryland, step by step
Check that you can file in Maryland
You can file if you or your spouse lives in Maryland.
Get the official forms
Use the court's official divorce forms: Divorce forms (Maryland courts) Mutual consent: if you both sign a settlement agreement resolving alimony, property and all child issues (with a child support worksheet if needed), you can file without any separation period; a short hearing is still required (Fam. Law 7-103(a)(3)).
File the papers and pay the fee, or ask for a waiver
File with the Circuit Court in the county where you or your spouse live. Filing fee: $165 for a complaint for absolute divorce (Circuit Court Fee Summary Chart, effective Sept. 2, 2026) Can't afford it? Ask for a fee waiver based on your income: https://www.mdcourts.gov/legalhelp/filingfeewaivers.
Serve your spouse
Your spouse must be formally served with the complaint and attachments by someone 18+ who is not a party (or the sheriff), or by certified mail, restricted delivery.
Your spouse responds
30 days if served in Maryland; 60 days if served in another state; 90 days if served outside the U.S. (form CC-DR-050). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
There is no waiting period after filing.
Agree, or go to mediation or a hearing
If custody is disputed, many circuit courts require mediation of parenting issues unless there's domestic violence (Md. Rule 9-205). If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. In the divorce, or by motion within 18 months after it, the court must restore your birth name or another former name if you took a new name at marriage and ask for it (for a lawful purpose).
Free tools for Maryland
Pre-set for Maryland. They run in your browser and send nothing.
Divorce timeline estimator for Maryland
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in Maryland
- No-fault ground
- irreconcilable differences, mutual consent (with a signed settlement agreement), or 6-month separation
- Fault grounds
- Not available: no-fault only
- Law
- Md. Code, Fam. Law 7-103(a)
Property and debts in Maryland
- System
- Equitable distribution
- The rule
- The court decides what is marital property and its value, and can give a monetary award to balance things out so the division is fair, not necessarily equal. The spouse with primary custody may get use of the family home and family property for up to 3 years.
- Law
- Md. Code, Fam. Law 8-203 to 8-205, 8-208
Alimony (spousal support) in Maryland
The court sets the amount and how long it lasts after weighing factors like ability to become self-supporting, time needed for training, standard of living, length of the marriage, contributions, the circumstances of the breakup, age, health and finances. Rehabilitative (time-limited) alimony is the norm; indefinite alimony is possible in some cases. Md. Code, Fam. Law 11-106.
Children: custody and support in Maryland
- What Maryland calls custody
- custody (parenting time and decision-making authority)
- Parenting class
- Courts may order parents in contested custody cases to attend a co-parenting education program (Md. Rule 9-204.1); requirements vary by county.
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Maryland Department of Human Services, Child Support Administration
Serving your spouse in Maryland
- How your spouse gets the papers
- Your spouse must be formally served with the complaint and attachments by someone 18+ who is not a party (or the sheriff), or by certified mail, restricted delivery.
- Time to respond
- 30 days if served in Maryland; 60 days if served in another state; 90 days if served outside the U.S. (form CC-DR-050).
- Law
- Md. Rules 2-121, 2-321; Maryland Courts divorce page
Going back to a former name in Maryland
Yes. In the divorce, or by motion within 18 months after it, the court must restore your birth name or another former name if you took a new name at marriage and ask for it (for a lawful purpose).
Mediation in Maryland
If custody is disputed, many circuit courts require mediation of parenting issues unless there's domestic violence (Md. Rule 9-205). More: https://www.mdcourts.gov/legalhelp/mediationadr
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Maryland: If you are in danger, call 911. Protective orders are free in Maryland; information: https://www.mdcourts.gov/legalhelp/domesticviolence
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Free help in Maryland
Good to know in Maryland
- Since Oct. 1, 2023, Maryland no longer has limited divorce or fault grounds; you can divorce for irreconcilable differences, mutual consent, or a 6-month separation (Fam. Law 7-103).
- You can ask to restore your former name up to 18 months after the divorce without a separate name-change case (Fam. Law 7-105).
Changes in 2024–2026
The Maryland divorce overhaul (Ch. 646, 2023, effective Oct. 1, 2023) replaced 12-month separation and fault grounds with 6-month separation, irreconcilable differences and mutual consent, and ended limited divorce. Circuit court fee schedule revised Sept. 2, 2026.
Divorce checklist for Maryland
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Maryland
How long do you have to live in Maryland to file for divorce?
You can file if you or your spouse lives in Maryland. If the ground for divorce happened outside Maryland, one of you must have lived in Maryland for at least 6 months before filing.
How long does a divorce take in Maryland?
There is no waiting period after filing. For the 6-month separation ground, you must have lived separate lives for 6 months without interruption before you file (you can do that under the same roof). Mutual consent and irreconcilable differences need no separation.
What are the grounds for divorce in Maryland?
Maryland's no-fault ground is irreconcilable differences, mutual consent (with a signed settlement agreement), or 6-month separation. Maryland has no fault grounds.
Is Maryland a community property state?
No. Maryland uses equitable distribution. The court decides what is marital property and its value, and can give a monetary award to balance things out so the division is fair, not necessarily equal. The spouse with primary custody may get use of the family home and family property for up to 3 years.
How much does it cost to file for divorce in Maryland?
$165 for a complaint for absolute divorce (Circuit Court Fee Summary Chart, effective Sept. 2, 2026)
Can I get the divorce filing fee waived in Maryland?
Ask for a fee waiver based on your income: https://www.mdcourts.gov/legalhelp/filingfeewaivers
Is there a simpler divorce process in Maryland?
Mutual consent: if you both sign a settlement agreement resolving alimony, property and all child issues (with a child support worksheet if needed), you can file without any separation period; a short hearing is still required (Fam. Law 7-103(a)(3)).
How long does my spouse have to respond in Maryland?
30 days if served in Maryland; 60 days if served in another state; 90 days if served outside the U.S. (form CC-DR-050).
Can I change my name back in a divorce in Maryland?
Yes. In the divorce, or by motion within 18 months after it, the court must restore your birth name or another former name if you took a new name at marriage and ask for it (for a lawful purpose).
Is mediation required in a divorce in Maryland?
If custody is disputed, many circuit courts require mediation of parenting issues unless there's domestic violence (Md. Rule 9-205). More: https://www.mdcourts.gov/legalhelp/mediationadr
Do divorcing parents have to take a class in Maryland?
Courts may order parents in contested custody cases to attend a co-parenting education program (Md. Rule 9-204.1); requirements vary by county.
How does alimony work in Maryland?
The court sets the amount and how long it lasts after weighing factors like ability to become self-supporting, time needed for training, standard of living, length of the marriage, contributions, the circumstances of the breakup, age, health and finances. Rehabilitative (time-limited) alimony is the norm; indefinite alimony is possible in some cases. Md. Code, Fam. Law 11-106.