Maryland recognizes both fault and no-fault grounds for divorce under Maryland Family Law Code § 7-103. No-fault grounds include mutual consent (no separation required) and irreconcilable differences (no separation required). A separation ground requires the parties to live separate and apart for six months without interruption. Fault grounds include adultery, desertion, cruelty, insanity, and conviction of a crime with imprisonment.
File a Complaint for Divorce in the Circuit Court of the county where you or your spouse resides. The complaint must state the grounds for divorce and include information about property, children, and support. Maryland requires proper service of the complaint on your spouse according to Maryland Rules of Civil Procedure. Service can be by certified mail, personal service, or other approved methods.
If grounds occurred in Maryland, you only need to be currently living in Maryland when you file. If grounds occurred outside Maryland, at least one party must have resided in Maryland for six months before filing. The distinction between where grounds occurred and where the resident lives determines the residency requirement.
Maryland is an equitable distribution state under Maryland Family Law Code § 8-203. All marital property is subject to equitable division between the spouses. The court determines what is equitable based on numerous statutory factors and the specific circumstances of each case.
Maryland courts consider the length of the marriage, the contribution of each spouse to the acquisition of marital property, the earning capacity of each spouse, and any agreement between the parties regarding property division. The court also evaluates the age and physical and mental condition of each party, the ability of each spouse to support themselves after divorce, and the circumstances that contributed to the estrangement of the parties.
Marital property includes all property acquired during the marriage regardless of how title is held. Separate property includes assets owned before marriage, gifts to one spouse, inheritances, and property acquired in exchange for separate property. Separate property is generally not subject to division and remains with the spouse who owns it.
Maryland courts apply the best interest of the child standard under Maryland Family Law Code § 5-203. The court considers the fitness of each parent, the preference of the minor child if of sufficient maturity to express a reasonable preference, the relationship of the child with parents and siblings, the child's adjustment to home and community, and the availability of each parent to care for the child.
Maryland recognizes joint custody and sole custody arrangements. Joint custody allows both parents to share decision-making authority and parenting time. Sole custody awards full parenting authority to one parent. The court may also award split custody with different arrangements for different children in multi-child families.
Maryland offers multiple grounds with different requirements. Mutual consent allows immediate divorce with agreement. Irreconcilable differences allows divorce without separation. The six-month separation ground requires living apart for six months. Fault grounds (adultery, cruelty) may not require waiting but require proving misconduct. Choosing the appropriate ground affects timeline and evidentiary requirements.
Yes. If both spouses consent to the divorce or if you assert irreconcilable differences, there is no separation or waiting period requirement. Both grounds allow divorce even while spouses reside together. This makes Maryland favorable for couples who agree on ending the marriage.
Maryland courts apply equitable distribution principles, dividing marital property fairly based on factors including length of marriage, contributions of each spouse, earning capacity, age, health, and ability to support yourself. Property is not automatically divided 50-50 but according to what the court determines is equitable.
Maryland encourages joint custody arrangements when both parents agree and when it serves the child's best interests. Joint custody allows both parents to share decision-making authority regarding education, healthcare, and major life decisions. Parents can have joint custody while one parent has primary physical custody of the child.