Start your divorce online in Maryland

To file for divorce in Maryland, at least one of the spouses must be a state resident. According to the Maryland Code, Family Law § 7-10, the petitioner or respondent must have lived in the state for at least six months before filing.

To prove their residency, spouses can attach a driver’s license, tax filings, witness statements, etc., to their forms.

If the spouses do not meet the residency requirements, Maryland has no jurisdiction to hear the case.

To legally end a marriage in Maryland, you must establish one of the statutory grounds for divorce. Under Maryland law, a court can grant a divorce on the grounds of:

6-Month Separation: The parties must have lived separate and apart for 6 months without interruption before filing for divorce. Maryland law considers spouses who have pursued separate lives to have lived separate and apart, even if they reside in the same home or the separation is in accordance with a court order. This ground applies when spouses have effectively ended their relationship and lived separately for an extended period.

Irreconcilable Differences: This ground is used when a married couple faces significant issues or conflicts that cannot be resolved, leading to the breakdown of the marriage. It indicates that the spouses have fundamental differences that make it impractical for them to continue living together as a married couple.

Mutual Consent: Both spouses agree to divorce and sign a written agreement (marital settlement agreement) that resolves all issues related to alimony, marital property, and the care, custody, and support of any minor or dependent children. This ground allows for a streamlined and amicable divorce process when both parties are in agreement. The court must be satisfied that the agreement serves the best interests of any minor or dependent children.

These grounds provide clear pathways for couples seeking to dissolve their marriage in Maryland.

The Supreme Courts of Maryland and their branches in the respective counties hear divorce cases. To start a divorce, the petitioner must file a Petition and Summons with the local court in the county where one of the spouses resides.

Partners can do this in person or through the electronic filing system. To file divorce papers through the e-filing system without a lawyer, the petitioner should check if this service is available in their county.

In Maryland, the average filing fees are about $215. However, the price may vary depending on the county where spouses apply.

If the petitioner has a low income and cannot afford to pay the fee, they may file a request for a waiver of the court fee. They should complete and submit a Request for Waiver of Prepaid Costs in this case.

When the petitioner has filed documents with the court, they need to serve the other spouse and notify them about their intentions to get a divorce. The petitioner can deliver copies of the documents to the respondent in several ways:

• by hiring a sheriff
• by publishing in a local newspaper
• by certified mail, with a return receipt.

If the respondent is in jail or in the military, the court may suggest alternative service options.

There is no mandatory waiting period between filing a Petition and receiving a final judgment in Maryland. However, spouses should meet the specific time limits of the grounds for divorce.

For example, to get a no-fault divorce, spouses must show that they have been separated voluntarily for twelve months or involuntarily for two years. At the same time, spouses do not have to live in different houses. It is enough to confirm that they lived under the same roof without sexual cohabitation.

The spouses must file a Request for Hearing (Form CC-DR-059) to finalize the divorce unless the court automatically schedules the hearing. Some counties in Maryland may require both spouses to sign and file a joint request to schedule a hearing on their case, based on mutual consent.

After reviewing the submitted forms and agreements in an uncontested case, the judge may grant a divorce at the first hearing.