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Everything You Need to Know before Getting Divorced in Maryland

by Mari Tanaka
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There’s a lot to know about getting divorced in Maryland. It’s easy to feel overwhelmed. That’s why we created this guide: To help you feel more secure about and prepared for the divorce process.

Maryland divorce prerequisites

Do you meet the residency requirement?

Only one spouse needs to be a resident of Maryland to file for divorce there. When paperwork is filed, it should be done in the county where one of you lives.

But how long must they have lived in Maryland (the residency period) beforehand?

The residency period is affected by where the “grounds for divorce” occurred. Grounds for divorce means the reason or cause for the divorce. For example, you could have had an argument in which one of you confirmed that you wanted a divorce. 

  • If the grounds for divorce occurred outside of Maryland, at least one spouse must have lived within the state for six months (or more) before filing. 
  • If the grounds for divorce occurred within Maryland, then there is no residency period requirement. One person must simply be a resident when the petition is filed.

Do you have a reason for divorce (grounds)?

You need to state your grounds for divorce in Maryland. The three possible grounds are irreconcilable differences, mutual consent, and a six-month separation.

Irreconcilable differences: In Maryland, you don’t have to prove or even allege that someone is at fault to get divorced. Maryland is a no-fault divorce state, which means you can get a divorce based on “irreconcilable differences.” 

Mutual consent: If both spouses agree to divorce and sign off on a Marital Settlement Agreement, they can be granted a divorce based on mutual consent. 

Six-month separation: Spouses who have lived separately and apart for a minimum of six months can file for divorce in Maryland. In some cases, spouses can show that they lived as separate people who were no longer pursuing or maintaining their married lives even though they still lived together.

What are financial disclosures, and can they be waived?

Financial disclosures are an important part of the divorce process. 

To get divorced, each of you must provide a complete and accurate accounting of your financial situation (income, assets, debts, etc.)  to the other person. This process is known as financial disclosure. 

Why are financial disclosures important? Having this information allows the court to make sure you agree to split your assets fairly and that any spousal maintenance and child support orders are adequate and fair.

Without accurate financial disclosures, one party could try to hide their assets or income. Without a clear picture of all available assets, your marital settlement agreement could have an unfair outcome.

Financial disclosures cannot be waived in Maryland.

Are you required to take a parenting class?

In Maryland, when parents of minors file for divorce, both may be required by law to attend a parenting education program. The program typically consists of a series of classes, usually six hours total, and costs around $25. It can be taken online or in person. 

The classes cover topics such as:

  • The impact of divorce on kids’ mental health and how to help them cope
  • Effective communication with your co-parent 
  • How to develop a parenting plan that meets your kids’ needs
  • Child support and custody issues

Read: Why Do I Have to Take a Parenting Class?

Maryland divorce forms and fees

The filing fee is generally $165 in all counties. If you feel you cannot afford this fee, you can fill out a fee waiver form and submit it with your Complaint. The court will then let you know if the fee has been waived.

Below are the standard forms used in an uncontested divorce. Please note that some counties have additional local forms.

What are the basic divorce steps in Maryland?

Generally, a divorce case is initiated by the Plaintiff when they file a Divorce Complaint with their local county court. 

The Defendant is then served the filed Complaint by a third party. This is called service of process, and it may occur in person or through certified mail.

If the Defendant would like to challenge any claims made in the Complaint, they can file a Counterclaim.

Both spouses then complete the financial disclosures, settle the terms of their divorce agreement, and file their Marital Settlement Agreement with the court. As mentioned, when minor children are present, they may also need to complete a parenting course and the parenting plan forms.

After the final agreement forms have been filed, there will be a short hearing (virtual or in person) where the judge reviews the agreement terms and then signs off on the divorce.

Property division overview

Maryland is an equitable distribution state. This means that marital property is not divided 50/50 in divorce. Rather, it’s divided “equitably,” in a way that is fair.

If you cannot agree with your spouse on this, the court may have to get involved. But before this happens, you may want to consider divorce mediation. It can be cheaper than litigation, and its purpose is to help both spouses reach a marital settlement agreement that satisfies them. However, it's notable that mediation requires give-and-take and a willingness to compromise.

What is marital property?

Marital property is any asset or debt you earned or acquired from the date of marriage to the date of separation, aside from gifts or inheritances. Property owned before marriage is generally considered separate property and not subject to division during the divorce process. 

It’s important to note that the marital property approach recognizes that one spouse may be entitled to more or less than 50% of the total assets to be split.

When dividing marital property, the court considers factors like (but not limited to):

  • How long the marriage lasted
  • The lifestyle and standard of living you established while together
  • The value of household management, including childcare
  • Each person’s income and future earning potential
  • Each person’s age and health 

What to know about spousal support 

Spousal support, sometimes called alimony, is money one ex-spouse pays the other during or after a divorce. Its purpose is to provide financial support to the recipient, who may have become financially dependent on the other spouse for various reasons during the marriage.

In Maryland, spousal support may be ordered during divorce proceedings only. Or, it may be ordered during the final judgment. The court will specify the amount and duration. 

A common question at this point is, “How much will I receive” or “How much will I have to pay?”, depending on who you are. The answer to this question is based on a variety of factors, such as:

  • How long you were married
  • The assets and income of each of you
  • Earning capacity and earning potential 
  • The living standard enjoyed during the marriage
  • Each person’s physical and emotional health 

Three types of spousal support in Maryland

Several types of spousal support are possible in Maryland: temporary spousal maintenance, rehabilitative spousal maintenance, and permanent spousal maintenance.

Temporary spousal maintenance is just as it sounds. One person, typically the lower-earning spouse, receives money from the other spouse until a final settlement is created.

Rehabilitative spousal maintenance is designed to help the recipient spouse become self-sufficient. The recipient is expected to work on improving their earning potential during this time by getting training or education.

Permanent spousal maintenance is sometimes awarded. It may be necessary if the recipient is unable to be self-sufficient. It may also be awarded after a particularly long marriage. The payments may continue until the recipient dies, remarries, or starts living with another partner.

Child custody overview

Child custody involves both the physical custody of the children (where they will live) and the legal custody of the children (who will make the big decisions regarding their education, medical care, and religious upbringing.) 

In Maryland, the parental custody of a child is determined based on the best interests of the child. The court considers several factors when making decisions about child custody and visitation arrangements: 

  • The proximity of parents to each other
  • Who is more likely to maintain a positive relationship with the child
  • Who is best able to provide childcare or childcare arrangements
  • Whether there has been past child abuse or neglect
  • Whether there has been a history of drug or alcohol abuse
  • Sibling relationships
  • The availability of other extended family members
  • The duties each parent has performed on the child’s behalf
  • Who provides more stability for the child
  • The condition of each parent’s household
  • The child’s preference based on their maturity level and ability to make decisions

Child support in Maryland

Child support is money paid from one parent to the other to help cover the cost of raising a child. Child support is meant to provide for the basic needs of the child. This includes housing, food, clothing, medical care, and education.

In Maryland, child support is calculated based on a specific formula that takes into account several factors, including the following:

  •  Each parent’s income 
  •  The number of kids shared by the parents 
  •  The amount of time each parent spends with the child
  • Parents’ earning potential, assets, and other factors that would affect their ability to pay support

This online calculator can provide you with a basic child support estimate. However, the court reserves the right to deviate from the formula based on individual circumstances..

In Maryland, child support is typically paid until the child reaches 18. In some cases, it continues beyond this age if the child has special needs or is disabled.

FAQ about Maryland divorce

How long will the divorce process take?

It depends on a variety of factors, including the following.

  • Contested vs. uncontested divorce: An uncontested divorce ( both parties agree on all terms) usually takes less time than a contested one.
  • The complexity of the issues: The more complex the situation, the longer the process can take.
  • Mediation or other alternative dispute resolution: Mediation or other alternative dispute resolution method can make things move along at a faster pace. Going to trial is inevitably a slower process. A good mediator may be able to help you resolve your disagreements instead of fighting in court.
  • Court scheduling: Some courts are very busy. If there is a backlog of cases, your divorce may be delayed.

Generally, if spouses have settled their agreement terms, the court processing time is between one and four weeks. That said, each divorce is unique and will take as long as it takes.

Can I e-file my divorce papers in Maryland?

Yes, you can e-file your divorce papers in all jurisdictions except for Baltimore City. 

E-filers must still comply with any local rules about the format and content of their submitted documents. Some courts may require a signed original document in addition to the electronic filing. Check with your local court for any additional filing requirements.

Suggested: Why Is Hello Divorce Better than Other Online Divorce Services?

References

Divorce. MDCourts.gov.
Maryland State Online Co-Parenting Class. MD Online Parenting Programs.

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