Maryland Divorce: What You Need to Know

The legal procedure that formally dissolves a marriage is divorce and is known as an absolute divorce in Maryland. The state also recognizes limited divorce, which is comparable to legal separation. Maryland Circuit Courts handle divorces in the county where either spouse resides. Court procedure, county-level filing information, waiting periods, types of divorces, residence requirements, and who keeps divorce records are some of what you need to know about divorce processes in Maryland.

How Does Divorce Work in Maryland?

In Maryland, there are residency requirements before a divorce filing can be made. Either spouse may file for divorce right away if the grounds occurred in Maryland. However, one spouse must have resided in Maryland for at least six months before filing if the grounds took place outside of the state.

Maryland law allows both fault-based and no-fault divorces. Mutual consent, in which both spouses consent to a divorce and provide a documented settlement agreement, is the most prevalent no-fault basis. If mutual consent is not available, spouses may also file on the grounds of a 12-month separation, during which they lived apart continuously.

Adultery, desertion, cruelty, exceptionally nasty behavior, conviction for a felony carrying a minimum term of three years, and incurable insanity are all examples of fault-based grounds. Although proving culpability is not necessary, it may have an impact on property split, alimony, or custody.

While the time frame varies depending on the form of divorce, there is often a 30-day waiting period following filing before a final hearing. A disputed case may take a year or more because of hearings, mediation, and trial, but an uncontested divorce may be resolved in a few months.

Types of Divorce in Maryland

Maryland law provides for several approaches to divorce:

• Uncontested divorce: Both spouses agree on custody, support, and property. These cases move faster and cost less.
• Contested divorce: Disputes exist, requiring hearings and possibly a trial. These cases are more time-consuming and expensive.
• No-fault divorce: Based on mutual consent (with settlement agreement) or a 12-month separation.
• Fault-based divorce: Grounds include adultery, desertion, cruelty, or felony conviction. Fault may affect court decisions.
• Limited divorce: Similar to legal separation, it allows spouses to live apart under court-approved arrangements without dissolving the marriage.
• Collaborative divorce: Couples work with attorneys and mediators outside of court to resolve disputes without trial.

Maryland Divorce Court Process and Forms

In Maryland, divorces are typically filed in the Circuit Court of the county where one spouse resides. When one spouse, known as the plaintiff, submits a Complaint for Absolute Divorce (or Limited Divorce) to the court clerk, the procedure starts.

Other required forms may include:

• Civil Domestic Case Information Report
• Financial Statement (short or long form)
• Parenting Plan (if children are involved)
• Settlement Agreement (for uncontested cases)

The complaint and summons must be delivered to the other spouse, known as the defendant, by certified mail, process server, or sheriff. If served in Maryland, the defendant has 30 days to reply; if served out of state, they have 60 days; and if served overseas, they have 90 days.

Financial declarations must also be made by both spouses. If children are involved, both parties must finish a Parenting Education Program before finalizing custody arrangements. In cases involving custody and visitation disputes, judges may also mandate mediation.

The case may move forward to a brief hearing where the judge examines the settlement agreement if it is not contested. However, if it is opposed, hearings and a trial may be planned.

When the judge issues a Judgment of Absolute Divorce, the marriage is formally terminated, and conditions for support, alimony, custody, and property partition are established.

City- and County-Level Filing Details

Divorces in Maryland are filed in Circuit Courts at the county level. Here are details for some of the largest jurisdictions:

• Baltimore City:
  • Courthouse: The Circuit Court for Baltimore City is located at Clarence M. Mitchell, Jr. Courthouse, 100 N. Calvert Street, Baltimore, MD 21202.
  • Services: The court provides a self-help center; it typically mandates mediation in custody disputes.
• Montgomery County (Rockville):
  • Courthouse: The Montgomery County Circuit Court sits at 50 Maryland Avenue, Rockville, MD 20850.
  • Services: You may find online forms from this court’s website; the court typically orders mandatory parenting classes for custody cases.
• Prince George’s County (Upper Marlboro):
  • Courthouse: Circuit Court for Prince George’s County is located at 14735 Main Street, Upper Marlboro, MD 20772.
  • Services: Prince George’s County Circuit Court makes forms and filing assistance available online; it typically orders mediation.
• Baltimore County (Towson):
  • Courthouse: Located in Towson, the Circuit Court for Baltimore County can be found at 401 Bosley Avenue, Towson, MD 21204.
  • Services: The Clerk’s office provides forms for divorce proceedings; the court typically requires a parenting education program for cases with children.
• Anne Arundel County (Annapolis):
  • Courthouse: Circuit Court for Anne Arundel County can be found at 8 Church Circle, Annapolis, MD 21401.
  • Services: Anne Arundel has mediation available for couples who need it; the court also requires parenting programs, especially in custody disputes.

Procedures are consistent statewide, but local courts may have additional requirements.

How to Search for Divorce Records in Maryland

Although sensitive information like Social Security numbers, bank account information, and the details of minor children are generally blacked out, divorce records in Maryland are open to the public. The Clerk of the Circuit Court in the county where the divorce was issued is responsible for keeping records.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees can be requested from the clerk for a fee.
• Online: The Maryland Judiciary Case Search system provides online access to case summaries by name or case number. Full documents must still be obtained from the clerk.
• Vital Records: The Maryland Division of Vital Records provides divorce verifications (not full decrees) for divorces granted since 1992. These list the names of the spouses, date, and county of divorce.
• Third-party services: Private websites may provide case information, but certified copies must come from the court.

The names of the spouses, the date and county of the divorce, the case number, and the court's rulings regarding child support, alimony, custody, and property division are usually included in divorce documents. The formal document attesting to the legal dissolution of the marriage is the Judgment of Absolute Divorce.

Key Points

• Divorce in Maryland is filed in the Circuit Court of the county where either spouse lives.
• Residency requires six months in the state if the grounds occurred outside Maryland.
• Maryland allows both no-fault divorces (mutual consent or 12-month separation) and fault-based divorces.
• A 30-day minimum waiting period applies, but contested cases take longer.
• Parents must complete a parenting education program, and mediation is common in custody disputes.
• Divorce records are public and available from Circuit Court clerks, with case lookup through Maryland Judiciary Case Search.