How to File for Divorce in Maryland (2026)
Reviewed by DocDraft Legal Team · Maryland · Last updated 2026-05-18
Divorce in Maryland is governed by Maryland statute, not a generic national process. The state uses community property (assets acquired during the marriage are owned equally) for dividing assets and recognizes a divorce available on irreconcilable differences. Residency matters from the start here: If the grounds for divorce occurred outside Maryland, a party may not apply for divorce unless one of the parties has resided in Maryland for at least 6 months before the application is filed. If the grounds for divorce occurred within Maryland, there is no statutory residency duration requirement. Below are the Maryland requirements, forms, and code sections that actually apply, anchored to Md. Code Ann., Fam. Law § 7-103.
Key Considerations
Maryland resolves the marital estate under a community-property framework. Equitable distribution of marital property. The court considers 11 enumerated factors including contributions of each spouse, economic circumstances, duration of marriage, age, and physical and mental condition, and may grant a monetary award to adjust the equities. Maryland is not a community property state. The controlling authority is Md. Code Ann., Fam. Law § 8-205.
Support after the marriage ends follows a different track: Court may award rehabilitative alimony, indefinite alimony, or alimony pendente lite based on 12 enumerated factors at § 11-106 including the ability of the party seeking alimony to be wholly or partly self-supporting, the time necessary for that party to gain sufficient education, the standard of living during the marriage, duration of the marriage, contributions to the marriage, and the circumstances that contributed to estrangement. See Md. Code Ann., Fam. Law § 11-106.
The child-support number is not discretionary: Income-shares model under the Maryland Child Support Guidelines; both parents' combined actual or potential monthly income is applied to the Schedule of Basic Child Support Obligations. The guidelines extend to combined incomes up to $30,000 per month (2022 amendment); for shared physical custody with 92+ overnights, a shared-physical-custody formula applies Md. Code Ann., Fam. Law §§ 12-201 to 12-204 codifies it, with the official calculator via the state agency.
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Relevant Documents
Maryland filers use the following: Form CC-DR-020 (Complaint for Absolute Divorce); accompanied by Civil Domestic Information Report (CC-DCM-001) and Financial Statement (CC-DR-031 or CC-DR-030)
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Maryland Code, Family Law § 7-103 - Absolute Divorce
This law outlines the grounds for absolute divorce in Maryland, including 12-month separation, adultery, desertion, cruelty, excessively vicious conduct, conviction of a felony with at least a 3-year sentence, insanity, and mutual consent. Understanding these grounds is essential as they determine the basis for your divorce filing.
Maryland Code, Family Law § 8-201 to § 8-213 - Marital Property Act
These provisions govern how marital property is defined and divided in Maryland divorces. Maryland follows an 'equitable distribution' approach, meaning property is divided fairly but not necessarily equally. The court considers factors such as length of marriage, contributions, economic circumstances, and more when determining distribution.
Maryland Code, Family Law § 11-101 to § 11-112 - Alimony
These sections establish the framework for alimony (spousal support) in Maryland. The court may award rehabilitative alimony (temporary) or indefinite alimony based on factors including financial needs, ability to pay, standard of living, length of marriage, and contributions to the family. Understanding these provisions is crucial if you're seeking or potentially paying alimony.
Maryland Code, Family Law § 12-101 to § 12-204 - Child Support
These laws establish Maryland's child support guidelines, which use an income shares model to calculate support obligations. The court considers both parents' incomes, childcare expenses, health insurance costs, and other factors. These provisions are relevant if you have minor children and need to establish child support arrangements.
Maryland Code, Family Law § 9-101 to § 9-108 - Child Custody and Visitation
These sections govern child custody determinations in Maryland. The court makes decisions based on the 'best interests of the child' standard, considering factors such as fitness of parents, character and reputation, desire of parents and child, potential disruption, and more. Understanding these laws is essential if you have children and need to establish custody arrangements.
Maryland Rules, Title 9, Chapter 200 - Divorce, Annulment, Alimony, Child Support, and Child Custody
These court rules establish the procedures for filing and litigating divorce cases in Maryland, including required forms, service of process, discovery, and hearing procedures. Familiarity with these procedural rules is important for navigating the court system during your divorce.
Regional Variances
Baltimore Metropolitan Area
Baltimore City has its own Circuit Court with specialized Family Division services. The court offers free legal assistance through the Family Law Self-Help Center and has specific local rules for divorce proceedings. Cases in Baltimore City may experience longer processing times due to higher caseloads compared to surrounding counties.
Baltimore County Circuit Court has different procedural requirements than Baltimore City, including specific local forms. The county offers mediation services at reduced rates and has a co-parenting education requirement that must be completed before a divorce involving minor children can be finalized.
Howard County has extensive mediation programs with sliding scale fees. The county requires financial disclosure statements to be filed earlier in the process than some other jurisdictions and has specific local rules regarding property division that reflect the county's higher average income and property values.
Washington DC Suburban Area
Montgomery County has one of the most comprehensive family law self-help centers in the state. The county has specific procedures for high-asset divorces, which are common in this affluent area. The court also has specialized procedures for international divorces due to the large diplomatic community.
Prince George's County Circuit Court has unique case management procedures for divorce cases. The county requires mandatory settlement conferences before trial dates are set. The jurisdiction also has specific procedures for addressing domestic violence issues within divorce proceedings that differ from other counties.
Eastern Shore
Worcester County has more limited court resources, which can result in longer processing times for divorces. The county has specific procedures for seasonal residents (common in Ocean City) and may have different approaches to property division for vacation properties.
Wicomico County has fewer family law attorneys than urban areas, which may impact access to legal representation. The county has streamlined procedures for uncontested divorces but may have longer wait times for contested matters due to limited court resources.
Western Maryland
Frederick County has specific local rules regarding custody evaluations that differ from other jurisdictions. The county also has unique procedures for cases involving military families due to the proximity to Fort Detrick and other military installations.
Washington County has more limited family court resources and fewer specialized services than more populated counties. The jurisdiction has specific procedures for cross-border divorce issues due to its proximity to Pennsylvania and West Virginia.
Suggested Compliance Checklist
Check that the residency rule is met
Before filing days after startingIf the grounds for divorce occurred outside Maryland, a party may not apply for divorce unless one of the parties has resided in Maryland for at least 6 months before the application is filed. If the grounds for divorce occurred within Maryland, there is no statutory residency duration requirement. See Md. Code Ann., Fam. Law § 7-101.
Identify the legal grounds in the petition
Before filing days after startingEffective October 1, 2023, Maryland recognizes only three grounds for absolute divorce: (1) 6-month separation (parties have lived separate and apart for 6 months without interruption before filing); (2) irreconcilable differences based on the reasons stated by the complainant; and (3) mutual consent. All prior fault grounds (adultery, desertion, cruelty, excessively vicious conduct, and 12-month separation) were repealed by Chapter 645 of the 2023 Maryland Laws. See Md. Code Ann., Fam. Law § 7-103.
Start the action: file the petition with the court
At filing days after startingForm CC-DR-020 (Complaint for Absolute Divorce); accompanied by Civil Domestic Information Report (CC-DCM-001) and Financial Statement (CC-DR-031 or CC-DR-030) Expect a filing fee of $165 filing fee for a Complaint for Absolute Divorce in Circuit Court. A fee waiver is available: Fee Waiver Request (Form CC-DC-088) under Md. R. 1-325 waives filing fees on showing of indigence.
Plan for the mandatory timing rule
After filing days after startingFor a 6-month separation ground, the parties must have lived separate and apart for 6 months without interruption before filing. There is no additional post-filing statutory waiting period for an absolute divorce on Mutual Consent or Irreconcilable Differences grounds Set by Md. Code Ann., Fam. Law § 7-103(a)(5).
Serve the spouse and complete financial disclosure
After filing days after startingThe responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds.
Close out the case
Final step days after startingWith the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Check that the residency rule is met | If the grounds for divorce occurred outside Maryland, a party may not apply for divorce unless one of the parties has resided in Maryland for at least 6 months before the application is filed. If the grounds for divorce occurred within Maryland, there is no statutory residency duration requirement. See Md. Code Ann., Fam. Law § 7-101. | - | Before filing |
| Identify the legal grounds in the petition | Effective October 1, 2023, Maryland recognizes only three grounds for absolute divorce: (1) 6-month separation (parties have lived separate and apart for 6 months without interruption before filing); (2) irreconcilable differences based on the reasons stated by the complainant; and (3) mutual consent. All prior fault grounds (adultery, desertion, cruelty, excessively vicious conduct, and 12-month separation) were repealed by Chapter 645 of the 2023 Maryland Laws. See Md. Code Ann., Fam. Law § 7-103. | divorce-petition | Before filing |
| Start the action: file the petition with the court | Form CC-DR-020 (Complaint for Absolute Divorce); accompanied by Civil Domestic Information Report (CC-DCM-001) and Financial Statement (CC-DR-031 or CC-DR-030) Expect a filing fee of $165 filing fee for a Complaint for Absolute Divorce in Circuit Court. A fee waiver is available: Fee Waiver Request (Form CC-DC-088) under Md. R. 1-325 waives filing fees on showing of indigence. | divorce-petition | At filing |
| Plan for the mandatory timing rule | For a 6-month separation ground, the parties must have lived separate and apart for 6 months without interruption before filing. There is no additional post-filing statutory waiting period for an absolute divorce on Mutual Consent or Irreconcilable Differences grounds Set by Md. Code Ann., Fam. Law § 7-103(a)(5). | - | After filing |
| Serve the spouse and complete financial disclosure | The responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds. | - | After filing |
| Close out the case | With the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage. | - | Final step |
Frequently Asked Questions
$165 filing fee for a Complaint for Absolute Divorce in Circuit Court Fee Waiver Request (Form CC-DC-088) under Md. R. 1-325 waives filing fees on showing of indigence
Maryland uses community property (assets acquired during the marriage are owned equally). Equitable distribution of marital property. The court considers 11 enumerated factors including contributions of each spouse, economic circumstances, duration of marriage, age, and physical and mental condition, and may grant a monetary award to adjust the equities. Maryland is not a community property state. See Md. Code Ann., Fam. Law § 8-205.
Effective October 1, 2023, Maryland recognizes only three grounds for absolute divorce: (1) 6-month separation (parties have lived separate and apart for 6 months without interruption before filing); (2) irreconcilable differences based on the reasons stated by the complainant; and (3) mutual consent. All prior fault grounds (adultery, desertion, cruelty, excessively vicious conduct, and 12-month separation) were repealed by Chapter 645 of the 2023 Maryland Laws. The governing statute is Md. Code Ann., Fam. Law § 7-103.
If the grounds for divorce occurred outside Maryland, a party may not apply for divorce unless one of the parties has resided in Maryland for at least 6 months before the application is filed. If the grounds for divorce occurred within Maryland, there is no statutory residency duration requirement. This is set by Md. Code Ann., Fam. Law § 7-101.
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