How to Divorce in Maryland without Lawyers
You don’t need to hire an expensive divorce lawyer if you want an uncontested divorce. In Maryland, this is called a Mutual Consent divorce.
Mutual Consent divorce in Maryland
In a Mutual Consent divorce, both spouses agree on all aspects of their marital settlement: what will happen to their property (home, cars, etc.), their other assets, their debts, and their children, among other things. If appropriate, they also agree to support amounts and durations.
If you plan to get divorced in Maryland without hiring a lawyer, you should know that the state provides an online Family Court Help Center with information about brick-and-mortar help locations in various Maryland cities and counties. You can also seek help from the Maryland Court Help Center.
You don’t need to involve lawyers if you want an uncontested divorce. In Maryland, this is also called a Mutual Consent divorce.
Basic steps of uncontested divorce in Maryland
Step 1: Filing and serving
File the petition for your divorce at the county circuit court where you live or where your spouse lives. (View a map layout of Maryland circuit courts here.)
Complaint for Absolute Divorce: Every Maryland divorce starts with the filing of a Complaint for Absolute Divorce.
In the Complaint for Absolute Divorce, you will need to include information about your residency, grounds for divorce, minor children, and marital property as well as any alimony and child support requests.
This form instructs you as to any other information you must include or attach in your filing.
Civil Domestic Case Information Sheet: You will also likely have to fill out a Civil Domestic Case Information Sheet. On this sheet, you will note whether your divorce is contested or uncontested.
The easiest path to divorce without a lawyer is generally uncontested divorce, which is also called Mutual Consent divorce in Maryland. In this type of divorce, both spouses agree to all aspects of their divorce settlement, from the division of their property to child custody to alimony payments.
Marital settlement agreement form: If yours will be a Mutual Consent divorce, you can also file your Marital Settlement Agreement at this time.
Note that if you and your spouse do not agree on all aspects of your divorce settlement, you may still be able to get a Mutual Consent divorce. How? The two of you would have to negotiate your points of disagreement and find solutions you can both accept. Read more about negotiation in the next section.
Service of process: If you file a divorce complaint in Maryland, you must have a copy of the complaint served to your spouse so they are fully informed of your intentions. (Note: You must do this as a formality even if they already know your intentions.) As the petitioner, you cannot legally be the one to serve the document. You must have a third party serve them instead.
Filing fee: A fee is typically assessed to petition for divorce in Maryland. As of this writing, the fee for a person filing for divorce without a lawyer is $165. The fee for a person filing for divorce with a lawyer is $185. A schedule of current civil court fees in Maryland is found here. If this fee would pose a hardship, however, you may qualify for a filing fee waiver.
Filing for divorce requires multiple documents. The specific documents you need depend on your case. When filling out your forms, make copies for yourself and your spouse as well as at least one extra copy.
Step 2: Negotiation with spouse
As mentioned above, if you’re filing for a Mutual Consent divorce in Maryland, you can file your Marital Settlement Agreement with your Complaint.
If you want to have an uncontested divorce in Maryland but have not negotiated yet, that’s okay. You can still negotiate with your spouse. As you work out your agreement, you can fill out the Marital Settlement Agreement for submission to the court.
We understand that negotiating an agreement with your spouse can be easier said than done. At Hello Divorce, we offer a wealth of resources on divorce negotiation. In many situations, perhaps one of the best tools to get the job done is divorce mediation.
In divorce mediation, a neutral third party meets with the couple (or individually, if that works better) to help them come to an agreement on any disputes. For mediation to be successful, both spouses must be willing to participate. They must both accept that there will be “give and take” in their negotiation process.
An important resource for Marylanders who need mediation or another form of alternative dispute resolution (ADR) is the Maryland Mediation and Conflict Resolution Office (MARCO).
Unfortunately, if mediation does not work, the couple may have to hire lawyers to represent their interests in divorce court. Hiring a divorce mediator costs far less than hiring two divorce attorneys, one for each spouse.
Read: Divorce Litigation vs. Mediation: Which Is Best for You?
Step 3: Finalizing the uncontested divorce
After you have signed and filed your agreement, the court will review it and schedule a hearing. At least one spouse is required to attend this hearing.
If the court finds your proposed settlement agreement to be fair for both of you, they will approve your divorce on the grounds of mutual consent.
FAQ about divorce in Maryland
Do I have to live in Maryland before filing for divorce?
In Maryland, at least one member of the couple filing for divorce must be a Maryland resident at the time of the filing. If the grounds for the divorce occurred outside of Maryland, an additional caveat applies: One of you must have lived in the state for at least six months before filing.
How much does it cost to get divorced in Maryland?
The filing fee for a divorce petition in Maryland is $165 without a lawyer’s assistance. You will need to obtain copies of your divorce judgment which, at the time of this writing, cost $5.00 each. A list of civil court fees in Maryland is found here.
When people ask how much a divorce costs, the question beneath that question is often, “How much does it cost to hire an attorney to assist with divorce?”
If you get divorced without a lawyer’s help, you can save substantial money in Maryland … and any other state, for that matter. The average hourly attorney rate right now is $400 per hour. Consider the fact that an attorney would spend multiple hours preparing your divorce case for court. They would also spend significant time in court, fighting for you. The median cost of divorce in the U.S. is around $7,000, but your litigated case could be lower or higher than that.
Hiring a mediator to help you reach a divorce agreement also costs money. Furthermore, it is often a good idea to have an attorney review your proposed marital settlement before you submit it to the court. However, these types of actions still cost a lot less than litigating in court with divorce attorneys.
Read: How Much Does a Divorce Cost? By Erin Levine, Hello Divorce Founder, CEO & Certified Family Law Specialist
Do I have to take a parenting class?
The court may order you to take a parenting class if you are divorcing with minor children. Divorcing Maryland parents are also expected to create and submit a parenting plan.
Do you have more questions about divorce in Maryland? At Hello Divorce, we have answers. Schedule a free 15-minute phone call to speak with and ask questions of one of our friendly account coordinators.
References
Circuit Courts. Maryland Courts.Civil Fees. Maryland Courts.
Rule 9-204.1. Parenting Plans. Thomson Reuters Westlaw.
