Getting Divorced in Maryland: A Legal Guide

Before filing for divorce in Maryland, understand the residency requirements and grounds for divorce. At least one spouse must be a resident of Maryland for at least 6 months before filing. Maryland recognizes both fault-based and no-fault grounds for divorce. No-fault grounds include 12-month separation (living apart without cohabitation) or mutual consent (if you have a settlement agreement addressing all issues).

Collect financial records including bank statements, tax returns, pay stubs, retirement account statements, property deeds, vehicle titles, mortgage documents, credit card statements, loan documents, and insurance policies. These will be needed for financial disclosure and property division negotiations.

In Maryland, the divorce process begins with filing a Complaint for Absolute Divorce (not a Petition for Dissolution as in some other states). This document states the grounds for divorce and what you are requesting regarding property division, alimony, child custody, and support. File this with the Circuit Court in the county where either you or your spouse resides. You'll need to pay a filing fee (approximately $165-$200, though fee waivers are available if you qualify).

After filing, you must legally serve your spouse with the Complaint and Summons. In Maryland, this can be done through certified mail with restricted delivery, private process server, sheriff's service, or by having your spouse sign an Acceptance of Service. Your spouse will have 30 days to file a response (60 days if they live out of state, 90 days if they live outside the US).

If you've been served with divorce papers, you must file an Answer to Complaint for Absolute Divorce within the specified timeframe (usually 30 days). You may also file a Counter-Complaint if you wish to state different grounds or make different requests than those in the original complaint.

Maryland requires full financial disclosure in divorce cases. You'll need to complete either a short form (Form DOM-45) for cases without property/alimony issues or a long form (Form DOM-46) for cases with property/alimony issues. This detailed statement must be filed with the court and provided to your spouse.

The court will schedule an initial conference to set deadlines for discovery, mediation, and other proceedings. Both parties or their attorneys must attend. The court may also order parenting classes if minor children are involved.

Exchange information with your spouse through formal discovery methods such as interrogatories (written questions), requests for production of documents, and depositions. This process ensures both parties have access to all relevant information for settlement negotiations or trial.

If you have minor children, create a detailed parenting plan addressing legal and physical custody, visitation schedules, holiday arrangements, decision-making authority, and communication methods. Maryland courts prioritize the best interests of the child when reviewing these plans.

Maryland uses the Income Shares Model for calculating child support. Complete the Child Support Guidelines Worksheet using both parents' incomes and childcare expenses. This worksheet determines the presumptive child support amount, though courts can deviate from guidelines in certain circumstances.

Most Maryland counties require mediation for divorcing couples, especially when child custody issues exist. Work with a neutral mediator to resolve disputes regarding property division, alimony, custody, and support. If successful, the mediator will help draft a settlement agreement.

Create a comprehensive agreement addressing division of assets and debts, alimony, child custody, visitation, and support. This document, when signed by both parties, becomes legally binding and is incorporated into your divorce decree. Consider having an attorney review before signing.

If retirement accounts will be divided, a QDRO is required to transfer retirement funds without tax penalties. This specialized court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may require specific language, so consider having a QDRO specialist draft this document.

File a Request for Hearing or Proceeding to schedule your final divorce hearing. For uncontested divorces (where you have a settlement agreement), this is typically a brief hearing. For contested issues, you'll need a longer merits hearing or trial.

Gather all necessary documents and witnesses for your hearing. You'll need to testify under oath about the grounds for divorce and that all agreements are fair and reasonable. Bring copies of all agreements and proposed orders for the judge to sign.

After the hearing, if the judge approves your divorce, they will sign a Judgment of Absolute Divorce (Maryland's equivalent of a Final Decree). This document finalizes your divorce and incorporates any agreements regarding property, support, and custody.

If child support or alimony is ordered, a Wage Withholding Order may be issued to ensure payments are automatically deducted from the paying spouse's paycheck. This order is sent to the employer, who must begin withholding within 14 days of receipt.

After divorce, update your name (if changed), beneficiary designations on insurance policies and retirement accounts, wills and estate plans, emergency contacts, and other personal records. Obtain certified copies of your divorce decree for these updates.

If circumstances change significantly after divorce (job loss, relocation, health issues), you may need to file for modification of custody, visitation, or support orders. In Maryland, you must show a material change in circumstances to modify most divorce-related orders.