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Maryland divorce laws: absolute divorce, grounds, and the 2023 reforms explained
Maryland is now a fully no-fault divorce state. As of October 1, 2023, Senate Bill 36 eliminated limited divorce, repealed every fault ground, and cut the separation requirement from 12 months down to 6 months. There are only three grounds left: mutual consent, six-month separation, and irreconcilable differences.
Quick answer
Maryland only grants absolute divorce (the permanent kind) and only on three grounds: mutual consent, a six-month separation, or irreconcilable differences. Fault grounds like adultery and desertion were repealed on October 1, 2023. You or your spouse must be a Maryland resident; if the reason for divorce happened outside Maryland, one of you must have lived in the state for at least six months before filing.
What changed in Maryland divorce law in 2023
If the last time you looked at Maryland divorce was before 2023, almost everything you read is now outdated. Governor Wes Moore signed Senate Bill 36 into law on May 16, 2023, and the new rules took effect on October 1, 2023. The reforms rewrote the grounds for ending a marriage, eliminated an entire category of case called "limited divorce," and cut the required separation period in half.
Here is what moved:
| Rule | Before SB 36 | After SB 36 |
|---|---|---|
| Types of divorce | Limited divorce + absolute divorce | Absolute divorce only |
| Fault grounds | Adultery, desertion, cruelty, vicious conduct, insanity, criminal conviction | All repealed |
| Separation requirement | 12 months, no cohabitation | 6 months, same roof allowed |
| Irreconcilable differences | Not available | New ground; no waiting period |
| Mutual consent | Available, no waiting period | Unchanged, still available |
The net effect is that Maryland went from one of the slower, more adversarial divorce systems on the East Coast to one of the more streamlined. Maryland joined the 38 other no-fault states and made it harder for one spouse to block or drag out a divorce the other clearly wants.
The 3 grounds for absolute divorce in Maryland
Every Maryland divorce case now lives on one of three legal tracks. You pick a ground when you file the Complaint for Absolute Divorce (form CC-DR-020), and your choice affects how fast the case can move and what you need to prove.
1. Mutual consent
Mutual consent is the fastest path. Both spouses sign a written marital settlement agreement that resolves alimony, marital property, and, if you have kids, custody and child support. There is no separation requirement and no waiting period. If everything is agreed and the paperwork is clean, an uncontested mutual-consent case can finalize in roughly 30 to 60 days after filing.
2. Six-month separation
You and your spouse have lived separate and apart, without interruption, for at least six months before filing. The big practical shift under the new law is that you no longer have to live in separate residences. You can be under the same roof if you are genuinely pursuing separate lives, meaning separate bedrooms, separate finances, and independent daily routines.
This change was specifically designed for couples who cannot afford two households during a long separation. If you reconcile briefly during the six months, the clock generally restarts, so keep that in mind before reuniting, even temporarily.
3. Irreconcilable differences
Either spouse can file on this ground as soon as they believe the marriage has broken down beyond repair. There is no separation or waiting period, and only one spouse needs to believe reconciliation is not possible. This is closest to what most other states call "no-fault" and is useful when one spouse wants the divorce and the other is unwilling to sign a mutual-consent agreement.
Limited divorce no longer exists
Before October 2023, Maryland offered "limited divorce," which functioned like a legal separation. Couples used it to get court orders for support, custody, or use of the family home without permanently ending the marriage.
That option is gone. Maryland now has no formal legal separation process. If you need temporary support or custody orders before a divorce is final, you have to file for absolute divorce and request pendente lite relief as part of the case.
Residency and where to file
Before the court will even hear your case, you have to show Maryland has jurisdiction over your marriage. The rule splits two ways depending on where the reasons for the divorce happened.
If the grounds happened outside Maryland
One spouse must have been a Maryland resident for at least six months before filing. This comes up most often for military families and for couples who separated in another state before one spouse moved to Maryland.
If the grounds happened inside Maryland
You only need one spouse to live in Maryland at the time of filing. There is no minimum number of months.
Which court hears the case
Divorce cases are filed in the Circuit Court of the Maryland county where either spouse lives or is regularly employed. The initial filing fee runs about $165 to $185 depending on the county, and fee waivers are available if your household income is at or below 125% of the federal poverty guidelines.
Along with your complaint, you will typically file a Civil Domestic Information Report (CC-DCM-001), a Financial Statement (short form if only child support is at issue, long form if alimony is requested), and a Notice of Restricted Information. Mutual-consent cases also require a signed Marital Settlement Agreement.
Property division: equitable, not equal
Maryland is an equitable distribution state, not a community property state. That means the court divides marital property in a way it considers fair, which is not automatically 50/50. In practice, courts often land close to equal, but the judge has room to shift the split based on the circumstances of the marriage.
The process follows three steps. First, the court identifies what is marital versus non-marital property. Second, it values the marital property. Third, it decides how to divide it fairly, usually through a monetary award rather than by retitling assets.
What counts as marital property
Marital property is almost anything you or your spouse acquired during the marriage, regardless of whose name is on the title. That includes the marital home, vehicles, bank and investment accounts, retirement accounts (401(k), pension, IRA), businesses, and debts tied to marital purchases. Property stays marital even if acquired during a separation, which is a common surprise for people who separate before filing.
What is non-marital (separate) property
Property you owned before the marriage, gifts or inheritances received individually (even during the marriage), and anything excluded by a valid prenuptial or postnuptial agreement. The risk is commingling: if you deposit an inheritance into a joint account or use marital funds to pay the mortgage on a pre-marriage home, those assets can become partially or fully marital.
Factors the court weighs
Maryland law lists 11 factors, including the financial and non-financial contributions of each spouse, length of the marriage, economic circumstances at the time of the award, each spouse's age and health, how property was acquired, any alimony award, and the circumstances that led to the estrangement. Even after the 2023 reforms repealed fault as a ground, conduct like adultery or financial dissipation can still show up here as a factor.
Watch out for this
Maryland courts generally cannot transfer title from one spouse to the other for property held only in one name. Instead, the judge grants a monetary award to equalize things. If your spouse is on every deed and every account, you are not locked out of a fair share, but you need to document your contributions early and clearly so the monetary award reflects them.
Retirement accounts earned during the marriage are marital property. A 401(k) or pension is typically divided using a Qualified Domestic Relations Order (QDRO), which tells the plan administrator how to split the account without triggering early-withdrawal penalties or tax consequences. IRAs can usually be divided with just the divorce decree. A newer rule, House Bill 1018 (effective October 1, 2025), requires lenders to permit mortgage assumption in divorce cases in certain circumstances, which can help when one spouse wants to keep the home without refinancing at today's higher rates.
Alimony, child support, and custody
These three issues sit on top of everything else in a Maryland divorce. You can agree on all of them in a settlement, or you can ask the court to decide. Either way, you need to understand how Maryland frames each one before you negotiate.
Alimony (three types)
Maryland recognizes three forms of alimony: pendente lite (temporary support during the case), rehabilitative (the most common form; ends on a set date to let a dependent spouse become self-supporting), and indefinite (rare; reserved for cases involving age, illness, disability, or an unconscionable disparity in post-divorce standards of living).
Unlike child support, Maryland has no formula for alimony. Judges weigh more than a dozen factors, including the length of the marriage, each spouse's earning capacity, the standard of living during the marriage, and the time needed for the recipient to become self-supporting. The most important procedural point: alimony must be requested before the divorce decree is final. You cannot come back after the marriage ends and ask for it.
Child support
Child support uses an income shares model, which combines both parents' adjusted gross monthly incomes and allocates the basic support obligation in proportion to each parent's share of the combined income. The guidelines are mandatory when combined monthly income is $30,000 or less. Courts also factor in health insurance premiums, work-related childcare, and extraordinary medical expenses. A 2025 update allows adjustments for other children living in a parent's home who are not subject to the current order.
Custody
Maryland uses the best interests of the child standard. House Bill 1191, effective October 1, 2025, added a 16-factor checklist that judges must apply and explain when making custody decisions. Maryland distinguishes legal custody (decision-making authority over major issues) from physical custody (where the child lives and spends time). Parents can propose their own written parenting plan; if they cannot agree, they file a Joint Statement Concerning Decision-Making Authority and Parent Time (CC-DR-110) and the court decides.
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Schedule your free 15-minute callFrequently asked questions
Is Maryland a no-fault divorce state?
Yes. As of October 1, 2023, Maryland is a fully no-fault divorce state. Senate Bill 36 repealed every fault ground, including adultery, desertion, cruelty, and insanity. The only three grounds for absolute divorce today are mutual consent, six-month separation, and irreconcilable differences. Fault conduct can still be weighed as a factor in property division, alimony, and custody decisions, but it cannot be the legal basis for the divorce itself.
How long does a Maryland divorce take?
It depends on the ground and whether the case is contested. An uncontested mutual-consent divorce with a complete settlement agreement can finalize in about 30 to 60 days after filing. A six-month separation case requires the full six months to pass before you can file. Contested cases involving disputed custody, property, or alimony typically take 12 to 18 months, and complex cases with businesses or substantial assets can run 24 months or longer.
Can I get a legal separation in Maryland?
Not anymore. Maryland repealed limited divorce, which functioned like a legal separation, on October 1, 2023. There is no formal legal separation process in the state today. Couples who want court orders for temporary support, custody, or use of the family home before a divorce is final must file for absolute divorce and request pendente lite relief. Couples can also create a private separation agreement without filing in court, though it will not carry the enforcement power of a court order.
Do I have to live apart to meet the six-month separation requirement?
No. The 2023 reforms removed the "no cohabitation" requirement. You and your spouse can live under the same roof during the six-month separation as long as you are pursuing separate lives: separate bedrooms, separate finances, independent daily routines, and no marital intimacy. This change was specifically designed to help couples who cannot afford to maintain two households during the separation period.
Does Maryland split marital property 50/50?
Not automatically. Maryland is an equitable distribution state, which means marital property is divided fairly but not necessarily equally. Courts weigh 11 statutory factors, including each spouse's financial and non-financial contributions, length of the marriage, economic circumstances, and how and when property was acquired. In practice, many divisions end up close to 50/50, but a judge can shift the split based on the circumstances of the marriage.
Can I request alimony after my Maryland divorce is final?
No. Alimony must be requested before the divorce decree is entered. Maryland courts have consistently held that the right to claim alimony is extinguished when the marriage legally ends. If you think alimony may be appropriate in your case, raise it in your complaint or counter-claim and make sure it is addressed in any settlement agreement. Existing alimony awards can usually be modified later if circumstances change, but a new claim cannot be started after the divorce is final.
Maryland court resources
Official government and court pages for Maryland divorce forms, filing instructions, and self-help services.
- Maryland Courts: Divorce self-help overview
- Maryland People's Law Library: Property disposition in divorce
- Maryland People's Law Library: Alimony in Maryland
- Maryland Courts: Circuit Court fee schedules
- Maryland General Assembly: Family Law 7-103 (grounds for divorce)
- Maryland Court Help Center (free legal information)
References & further reading
Sources cited in this article and recommended for further reading.
- 1. Maryland Courts. "Divorce (Self-Help)". Official Maryland Judiciary overview of residency, grounds, filing forms, and the three current paths to absolute divorce. Maryland Judiciary, updated 2026. Accessed April 2026.
- 2. Maryland General Assembly. "Family Law 7-103: Grounds for Divorce". Official statutory text governing the three current grounds for absolute divorce in Maryland. Maryland General Assembly, effective October 1, 2023. Accessed April 2026.
- 3. Maryland People's Law Library. "Marital and Non-Marital Property in Maryland". Plain-language summary of equitable distribution, marital vs. non-marital classification, and the statutory factors courts use to divide property. Maryland Thurgood Marshall State Law Library, 2026. Accessed April 2026.
- 4. Maryland People's Law Library. "Alimony in Maryland". Overview of pendente lite, rehabilitative, and indefinite alimony and the factors courts consider. Maryland Thurgood Marshall State Law Library, 2026. Accessed April 2026.
- 5. Maryland Daily Record. "New Md. divorce rules: People can move on". Reporting on Governor Wes Moore signing SB 36 / HB 14 and the impact of the October 1, 2023 reforms. The Daily Record, May 23, 2023. Accessed April 2026.
- 6. Hello Divorce. "Everything You Need to Know Before Getting Divorced in Maryland". Comprehensive state guide covering process, timelines, and what to prepare before filing. hellodivorce.com. Accessed April 2026.
- 7. Hello Divorce. "Uncontested Divorce in Maryland". Walkthrough of mutual consent and uncontested divorce filings in Maryland. hellodivorce.com. Accessed April 2026.
- 8. Hello Divorce. "How to Divorce Without Lawyers in Maryland". Step-by-step guide to filing a Maryland divorce without hiring a full-representation attorney. hellodivorce.com. Accessed April 2026.