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Maryland Divorce Petition

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Introduction

A Complaint for Absolute Divorce, Maryland's name for the divorce petition, is the formal legal pleading a spouse files with the Circuit Court to start a divorce case and legally end a marriage. You bring it as the Plaintiff in the Circuit Court for the county where either spouse lives. Maryland sets no fixed durational residency requirement when the grounds for divorce arose in Maryland; if the grounds occurred elsewhere, at least one spouse must have resided in the state for six months before the complaint is filed (Md. Code, Family Law § 7-101). There is no separate post-filing waiting period. The only clock that runs is the six months of living separate and apart required for that single ground, and mutual consent and irreconcilable differences carry no separation or waiting period at all. Since October 1, 2023, Maryland has been purely no-fault. The three statutory grounds for absolute divorce under § 7-103 are a 6-month separation, irreconcilable differences based on the reasons the complainant states, and mutual consent. Maryland grants an absolute divorce, never a dissolution of marriage.

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Key Things to Know

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    Definition: In Maryland a divorce petition is called a Complaint for Absolute Divorce, the formal pleading that starts a divorce case in the Circuit Court. The Plaintiff files it against the Defendant, and Maryland grants an absolute divorce rather than a dissolution of marriage.

  2. 2

    Residency: If your grounds arose in Maryland there is no minimum residency period; if they arose outside the state, at least one spouse must have resided in Maryland for six months before filing the Complaint for Absolute Divorce (Md. Code, Family Law § 7-101).

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    Grounds: Maryland became purely no-fault on October 1, 2023, abolishing fault grounds. The three statutory grounds for absolute divorce under Md. Code, Family Law § 7-103 are a 6-month separation, irreconcilable differences based on the complainant's stated reasons, and mutual consent.

  4. 4

    Separation and waiting: Only the 6-month-separation ground requires living separate and apart, which since October 1, 2023 may happen under the same roof. Maryland imposes no separate post-filing waiting period, and mutual consent and irreconcilable differences require no separation at all.

  5. 5

    Property: Maryland is an equitable-distribution state, not community property. Under Md. Code, Family Law §§ 8-201 through 8-205 the Circuit Court identifies and values marital property and may grant a monetary award to adjust the equities between the spouses.

  6. 6

    Forms and court: You file the Complaint for Absolute Divorce from the CC-DR family-law form series, together with a clerk-issued Writ of Summons and a Civil-Domestic Case Information Report (CC-DCM-001), in the Circuit Court for the county where either the Plaintiff or the Defendant resides.

  7. 7

    Fee: Expect to pay approximately $165 to file a Complaint for Absolute Divorce in Maryland.

Key decisions before you file

Before you file a Divorce Petition in Maryland, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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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.

Maryland Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: No fixed durational requirement if the grounds for divorce arose in Maryland; if the grounds occurred outside Maryland, at least one party must have resided in Maryland for a minimum....

Residency (County)

Must file in the correct county Circuit Court for the.

Grounds for Divorce

Must properly plead grounds: Pure no-fault as of October 1, 2023 (fault grounds abolished). Three statutory grounds for absolute divorce under Md. Code, Family Law § 7-103: (1) '6-month separation' , the parties have....

Waiting Period

Mandatory waiting period: No separate statutory post-filing waiting period; the operative minimum is the 6 months of living separate and apart for that....

Required Forms

Must file correct state forms: Complaint for Absolute Divorce (Maryland Domestic Relations 'CC-DR' family-law form series) and a Writ of....

Property Division

Property is divided according to: Equitable distribution , Maryland is an equitable-distribution (not community-property) state; the court identifies and values... laws.

Filing Fee

Filing fee is typically Approximately $165 to file a Complaint for Absolute Divorce. unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the formal court pleading that starts a divorce case. In Maryland it is called a Complaint for Absolute Divorce, and you file it as the Plaintiff in the Circuit Court for the county where either spouse resides. The complaint names the grounds for divorce and asks the court to end the marriage and, where needed, address property and other issues.

There is no practical difference in what they accomplish, but Maryland does not use the term dissolution of marriage. Maryland grants an absolute divorce, and the initiating document is the Complaint for Absolute Divorce. Some other states call the same process a dissolution, yet in Maryland the court, the forms, and the final decree all speak in terms of an absolute divorce between the Plaintiff and the Defendant.

Maryland became purely no-fault as of October 1, 2023, when fault grounds were abolished. There are three statutory grounds for absolute divorce under Md. Code, Family Law § 7-103: a 6-month separation, irreconcilable differences based on the complainant's stated reasons, and mutual consent.

Separation is required only for the 6-month-separation ground. For that ground, the parties must have lived separate and apart for six months, which since October 1, 2023 may occur while living under the same roof and pursuing separate lives. The mutual-consent and irreconcilable-differences grounds require no separation period at all.

Maryland has no separate statutory post-filing waiting period. The only operative minimum is the six months of living separate and apart required for the 6-month-separation ground. Couples who proceed by mutual consent or irreconcilable differences face no such minimum, so how long the case takes then depends mainly on the court's schedule and whether the divorce is contested.

The initial filing fee is typically about $165 to file a Complaint for Absolute Divorce in the Circuit Court. Low-income filers can ask the court to waive the fee.

Maryland follows equitable distribution rather than community property. Under Md. Code, Family Law §§ 8-201 through 8-205, the Circuit Court identifies and values marital property and may grant a monetary award to adjust the equities between the spouses, so marital property is divided fairly according to state law rather than split evenly down the middle.

Yes. Once you properly serve the Defendant with the Writ of Summons and complaint, the case can move forward even if your spouse will not participate, and the Circuit Court can grant a default judgment. Mutual consent needs both spouses to agree, but the 6-month-separation and irreconcilable-differences grounds do not.