Divorce in Maryland: A Helpful Overview for a Difficult Time

Navigating through a divorce can be challenging. This page aims to make things a bit easier by offering key information about divorce in Maryland. For those needing more in-depth details, we’ve got links and resources to help you out.

Divorce Laws in Maryland

Maryland offers both no-fault and fault-based grounds for divorce. No-fault divorces can proceed if parties have lived separately for a year. For fault-based reasons, examples include adultery, desertion, or cruelty.

Residents must live in Maryland for at least six months before filing. Unlike some states, Maryland has a unique law: a 12-month waiting period for uncontested, no-fault divorces.

Process of Filing for Divorce

Filing for divorce in Maryland starts with completing the right forms. These are submitted to the circuit court in your county. After filing, you must “serve” (formally deliver) these papers to your spouse.

Maryland’s process might include a Complaint for Absolute Divorce or a Mutual Consent Divorce, depending on your situation.

For a full overview of this process, check out the article, How to File for Divorce in Maryland

Child Custody and Support

In Maryland, child custody decisions are based on the child’s best interest. The state considers factors like the child’s age, parents’ ability to provide, and the child-parent relationship. For child support, Maryland uses a formula considering both parents’ incomes, number of children, and other expenses. This approach is quite thorough, ensuring fair support arrangements.

Alimony/Spousal Support

Alimony in Maryland isn’t automatic. Courts look at factors like the duration of the marriage, each person’s financial needs, and their ability to be self-supporting. Maryland focuses on ensuring that both parties can maintain a reasonable standard of living post-divorce.

Property Division

Maryland follows the “equitable distribution” rule. This means marital property isn’t split 50/50. Instead, it’s divided in a way that’s fair, but not necessarily equal, considering each spouse’s circumstances.

Resources

For more detailed info, check out the links we’ve provided. They lead to Maryland’s family law courts, official government resources, and legal aid organizations that can offer additional help.

Find out how much does a divorce cost in Maryland here.

Maryland Divorce Forms

• Complaint for Absolute Divorce (CC-DR-020): https://www.mdcourts.gov/sites/default/files/court-forms/family/forms/ccdr020.pdf/ccdr020.pdf
• Affidavit of Service (CC-DR-055 or CC-DR-056): http://www.courts.state.md.us/forms
• Financial Statement (CC-DR-022): http://www.courts.state.md.us/forms
• Marital Settlement Agreement (CC-DR-116): http://www.courts.state.md.us/forms (Optional)
• Parenting Plan (CC-DR-109): http://mdcourts.gov/family/parentingplans (If minor children)
• Child Support Guidelines Worksheet (CC-DR-030): https://www.courts.state.md.us/sites/default/files/court-forms/family/forms/ccdr034.pdf/ccdr034.pdf (If minor children)
• Answer and Counterclaim for Divorce (CC-DR-023): http://www.courts.state.md.us/forms

Additional Forms:

• Motion for Temporary Relief: http://www.courts.state.md.us/forms
• Notice of Hearing: http://www.courts.state.md.us/forms
• Waiver of Service: http://www.courts.state.md.us/forms
• Proof of Service: http://www.courts.state.md.us/forms

Resources:

• Maryland Courts – Family Law Forms: http://www.courts.state.md.us/forms
• Maryland Courts – Divorce: http://www.courts.state.md.us/forms
• Maryland Legal Aid – Family Law: https://www.mdlab.org/
• Maryland Judiciary – Self-Help Center: http://www.mdcourts.gov/helpcenter

Disclaimer

This guide offers general information, not legal advice. For advice specific to your situation, consult a legal professional.