Overview of Divorce in Maryland

Divorce is the ending of a marriage ordered by a court. Because marriage is considered a civil contract between the parties under Maryland law, the complete dissolution of marriage is a divorce.

Under Maryland law, marriage is a civil contract between two people. A divorce is a legal process that formally ends a marriage. By issuing a divorce decree, a court declares the marriage no longer valid. A divorce typically requires resolving issues related to the division of property, assets, debts, child custody, visitation rights, and spousal support (also known as alimony).

Topics on this page

• Residency Requirement
• Grounds for Divorce
  • 6-month Separation
  • Irreconcilable Differences
  • Mutual Consent

  Residency Requirement

  One party must be a resident of Maryland to file for divorce. How long you must have lived in Maryland before filing for divorce depends on where the ground (reason) for divorce occurred.

  If the grounds occurred in Maryland, you only need to be currently living in Maryland when you file for divorce. If the grounds for divorce happened outside of Maryland, then at least one of the parties must have resided in Maryland for at least six months before filing for divorce.

  Grounds for Divorce

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

  1. 6-month separation
  2. irreconcilable differences
  3. mutual consent

  6-month Separation

  To establish this ground, the parties must have lived separate and apart for 6 months without interruption before the filing of the application for divorce. Maryland law considers spouses who have pursued separate lives to have lived separate and apart for the purposes of divorce even if the spouses live in the same residence or the separation is in accordance with a court order.

  Irreconcilable Differences

  Irreconcilable differences is a term used to describe a situation where a married couple faces significant issues or conflicts that cannot be resolved that have led to the breakdown of their marriage. Essentially, it means that the spouses have fundamental differences or problems that make it impossible or impractical for them to continue living together as a married couple. When filing a complaint for divorce based on irreconcilable differences, the issues and conflicts that cannot be resolved will form the basis of the reasons you are requesting the permanent termination of the marriage.

  Mutual Consent

  The requirements for a divorce based on mutual consent are:

  1. A written settlement agreement signed by both spouses that resolves all issues relating to:
     • alimony (money to support your former spouse);
     • the distribution of property, including any monetary awards, the family home, and family use personal property; AND
     • the care, custody, access, and support of your minor or dependent children;
  2. A completed child support guidelines worksheet, if the settlement agreement requires that one spouse pay child support to the other;
  3. That neither party objects in writing to the settlement agreement prior to the divorce hearing; AND
  4. That the court is satisfied that any terms of the agreement relating to your minor or dependent children are in the best interests of those children.

  If a court grants a divorce based on mutual consent, the court may merge or incorporate the settlement agreement into the divorce decree.

  If you and your spouse have a lot of shared property or have questions about custody, a lawyer can help you draft a settlement agreement.

  Read the law: Md. Code, Family Law § 7-103(a)(3); § 7-103(e)

  Local Resources

  Each Maryland county has a variety of family resources. Click here for a list of Local Contacts.

  Divorce Video Series from the Maryland Courts