Maryland Divorce Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 17, 2025
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It's a sad fact that a number of marriages don't work out. Just like states have legal requirements for marriage, states also have legal requirements for divorce, State law defines the process married couples must go through to legally end their marriage.
Maryland has a residency requirement that has to be met before filing for divorce, but there's no waiting period before a divorce can be finalized. Maryland is a no-fault divorce state.
Maryland Divorce Laws at a Glance
The requirements to get divorced can vary from state to state. Maryland's divorce laws are highlighted in the chart below.
Code Section |
Fam. Law § 7-101 et seq. of the Maryland Code |
|---|---|
Residency Requirements |
At least one spouse must be a resident of Maryland. If the ground for divorce happened in Maryland, you need only be a resident at the time you file for divorce. If the ground for divorce happened outside of Maryland, one spouse must live in Maryland for at least six months |
Waiting Period |
Upon meeting requirements, absolute divorce granted |
'No-Fault' Grounds for Divorce |
6-month separation, irreconcilable differences, or mutual consent |
Defenses to a Divorce Filing |
No |
Other Grounds for Divorce |
Previously, there were fault-based grounds for divorce in Maryland. These grounds were eliminated in 2023. Fault-based grounds for divorce have been removed from Maryland law, and Maryland is a no-fault divorce state |
No-Fault Divorce Laws
Like all states, Maryland allows for “no-fault" divorce. In a no-fault divorce, you do not have to allege or prove any specific wrongdoing in order to get a divorce. In Maryland, you can get a no-fault divorce by showing you've lived apart from your spouse for six months or by proving irreconcilable differences.
Another way is if both spouses agree to all terms in a written settlement, covering issues like alimony, property, and child care, and submit it to the court. The court must be satisfied that any arrangements for children are in their best interest, and no one should challenge the agreement before the divorce hearing.
Maryland law also provides alternatives to the standard divorce known as annulment and legal separation, which have separate requirements and only apply to certain circumstances. If you and your soon-to-be-ex have any children together, you should also be aware of Maryland child custody laws, as well as state statutes pertaining to child support guidelines.
Get a Review of Your Maryland Divorce Case
The divorce process can be emotionally and legally tumultuous, even in the best-case scenarios. Since divorce often involves child custody and other intangibles, it makes sense to protect your interests by hiring an attorney.
Get started today by having a Maryland divorce attorney evaluate your case.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
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