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Either spouse may file for divorce in Maryland as long as they meet the residency requirement of having a current address in the state.
However, how long they must have lived in the state before filing a complaint depends on where the ground for divorce occurred.
If it occurred in Maryland, you need to only be living in Maryland at the time of your divorce. If the grounds for divorce occurred outside Maryland, you need to have lived in the state for at least six months before filing.
There are two types of divorce in Maryland: Absolute divorce and limited divorce.
Where an Absolute divorce legally ends your marriage, a limited divorce will allow you to settle custody or financial issues without ending the marriage.
A limited divorce can be a useful tool in cases where areas of the divorce are contested.
The grounds for a limited divorce include: Separation, cruelty, desertion, mutual consent, adultery, imprisonment and insanity.
Yes, Maryland requires a couple to live separately and apart for at least 12 months before they can file for a no-fault divorce.
If the divorce is based on fault grounds, such as adultery or cruelty, there is no waiting period required and you can get on with the process immediately.
Maryland is not a community property state, but rather an equitable distribution state.
In equitable distribution states, property is divided fairly and reasonably, but not necessarily equally, between the spouses in a divorce.
During divorce proceedings, the court will consider a variety of factors to determine what constitutes a fair and reasonable split of marital property. These factors can include the length of the marriage, the age and health of each spouse, the contributions of each spouse to the marriage (both financial and non-financial), and the income and earning potential of each spouse.
Marital property includes all assets acquired by either spouse during the marriage, regardless of whose name is on the title and regardless of who purchased the assets.
Overall, the goal in Maryland is to divide marital property in a way that is fair and reasonable to both parties, taking into account the unique circumstances of each case.
The cost of divorce in Maryland can vary greatly depending on several factors including whether the divorce is contested or uncontested, the complexity of the issues, and the attorney fees.
At a minimum, filing for divorce in Maryland will cost at least $165 in court fees. If you have the paperwork already (for example Divorce Bob's DIY divorce kit), this cost will be what you pay.
If the divorce is contested, meaning the parties cannot agree on all issues, then the costs will increase as additional legal fees, mediation or expert fees, and court costs are incurred.
It is best to consult with a Maryland family law attorney to discuss the specifics of your case and get an estimate of the likely costs.
See our guide on how to get divorced on a budget
The time it takes to get a divorce in Maryland varies depending on several factors, including whether the divorce is contested or uncontested, the complexity of the issues involved, and the backlog of cases in the local court system.
In Maryland, the law requires a minimum waiting period of 12 months before a divorce can be finalized in most cases. Once an agreement has been reached, a Maryland divorce usually takes 30-120 days to become final.
However, in some more complex cases, the process can take much longer. It is best to consult with an experienced family law attorney to get a better idea of how long your specific divorce case may take.
In Maryland, child custody is decided based on the best interests of the child.
The court weighs up factors such as age, health, and gender; parental ability to provide stability and the child's relationship with each; history of domestic violence or substance misuse; child's mature preferences; parental cooperation; and educational, medical, and social needs.
The court may award joint legal and physical custody, sole legal or physical custody, or a combination of both. The final decision depends on the specific circumstances of the case.
