Maryland Divorce Petition

Filing a Divorce Petition in Maryland

Maryland ended fault-based divorce on October 1, 2023, leaving three purely no-fault grounds for an absolute divorce under Md. Code, Family Law § 7-103: a 6-month separation, irreconcilable differences based on the reasons the complainant states for permanently ending the marriage, and mutual consent. The state once recognized fault grounds such as adultery and desertion, but none of those now affect whether the court grants the decree. A single spouse's stated reasons, without the other's agreement, can now support the divorce. Maryland does not grant a dissolution of marriage. The court grants an absolute divorce, and the spouses are named Plaintiff and Defendant.

Where You Qualify

Residency turns on where the grounds arose. If the grounds for divorce arose in Maryland, no fixed durational residency applies. If they occurred outside the state, at least one spouse must have resided in Maryland for six months before the complaint is filed (Md. Code, Family Law § 7-101). File your Complaint for Absolute Divorce in the Circuit Court for the county where either party resides. That court holds jurisdiction over every Maryland divorce, so venue follows residence rather than where you married.

Grounds and Separation

Only the 6-month-separation ground requires living separate and apart, and since October 1, 2023 that separation may occur under the same roof while the spouses pursue separate lives. Irreconcilable differences and mutual consent require no separation. Maryland imposes no separate post-filing waiting period, so the operative minimum is simply the six months the separation ground demands. Couples who agree are not forced to wait at all.

The Paperwork

Begin with the Complaint for Absolute Divorce from the Maryland Domestic Relations CC-DR family-law form series. Because you do not need to prove wrongdoing, the complaint states which of the three grounds applies and the basic facts supporting it. The clerk issues a Writ of Summons, which you file together with a Civil-Domestic Case Information Report (CC-DCM-001). The summons must then be served on the Defendant. Budget roughly $165 for the filing fee. File the documents together at the clerk's office to open the case, and keep certified copies for service and your records. For a plain-language overview of what belongs in the pleading, see our divorce petition guide (/legal-document/divorce-petition).

Dividing Property

Maryland is an equitable-distribution state, not a community-property one. Under Md. Code, Family Law §§ 8-201 through 8-205, the Circuit Court identifies and values marital property, then may grant a monetary award to adjust the equities between the spouses. The court weighs factors such as each spouse's contributions, the length of the marriage, and the economic circumstances of each party. Division reflects fairness rather than an automatic 50/50 split, so cataloguing every marital asset and its value early protects your share.

Choosing Your Ground

Because mutual consent and irreconcilable differences carry no separation or waiting requirement, spouses who agree can proceed quickly, while those who cannot often rely on the 6-month separation ground. Both routes run through the same $165 filing and the same CC-DR complaint, and each ends in a Circuit Court decree of absolute divorce filed by the Plaintiff against the Defendant.