- Property
- Equitable[3]
Key facts: divorce in Maryland
| Residency requirement | 6 months (if grounds arose outside Maryland)[1] details ↓ |
|---|---|
| No-fault divorce | Yes (only no-fault grounds)[2] details ↓ |
| Property division | Equitable distribution (monetary award)[3] details ↓ |
| Court mediation for custody | Court must screen; orders mediation if appropriate[4] details ↓ |
| Filing fee | $165[5] details ↓ |
Statutes and court rules as checked October 26, 2026. Not legal advice.
What are the divorce laws in Maryland?
Not legal advice. These are plain-English summaries of Maryland’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in Maryland.
Waiting period
Not yet verified
Start with Divorce (Maryland Courts, Court Help).
Residency requirement
6 months (if grounds arose outside Maryland)
If the grounds for divorce happened outside Maryland, one spouse must have lived in Maryland for at least 6 months before filing; the courts' help page says you can otherwise file if you or your spouse is a Maryland resident.[1]
Md. Code, Family Law § 7-101 · checked October 26, 2026
Show statute text
“If the grounds for the divorce occurred outside this State, a party may not apply for a divorce unless one of the parties has resided in this State for at least 6 months before the application is filed.”
No-fault divorce
Yes, no-fault only
Maryland grants an absolute divorce on three grounds: 6 months of living separate and apart before filing, irreconcilable differences, or mutual consent with a signed settlement agreement resolving all issues.[2]
Md. Code, Family Law § 7-103(a) · checked October 26, 2026
Show statute text
“(1) 6–month separation, if the parties have lived separate and apart for 6 months without interruption before the filing of the application for divorce; (2) irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage; or (3) mutual consent,”
“Parties who have pursued separate lives shall be deemed to have lived separate and apart for purposes of subsection (a)(1) of this section even if: (1) the parties reside under the same roof;”
Property division
Equitable distribution (monetary award)
After identifying and valuing marital property, the court may transfer certain property interests, grant a monetary award, or both, to adjust the equities and rights of the spouses, weighing listed factors.[3]
Community property in Maryland: the statute quoted →
Md. Code, Family Law § 8-205(a)(1) · checked October 26, 2026
Show statute text
“the court may transfer ownership of an interest in property described in paragraph (2) of this subsection, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.”
Court mediation for custody
Court must screen; orders mediation if appropriate
In every case where custody or visitation is at issue, the court must decide promptly whether mediation is appropriate and a qualified mediator is available, and if so it orders the parties to mediate; it may not order mediation where a party or child raises a genuine issue of abuse in good faith.[4]
Md. Rule 9-205(b) · checked October 26, 2026
Show statute text
“If the court concludes that mediation is appropriate and likely to be beneficial to the parties or the child and that a qualified mediator is available, it shall enter an order requiring the parties to mediate the custody or visitation dispute.”
Court mediation fees
Not yet verified
Start with this official source.
Filing fee
$165
The statewide summary of circuit court clerk fees lists $165 for a complaint for limited or absolute divorce.[5]
Summary of Charges, Costs, and Fees of the Clerks of the Circuit Court · checked October 26, 2026
Show statute text
“DIVORCE COMPLAINT FOR LIMITED OR ABSOLUTE $165”
Alimony
Court decides from listed factors
Maryland courts set the amount and period of alimony after considering twelve listed factors, aiming for a fair and equitable award. Alimony is ordinarily for a set period; the court may award it indefinitely only on specific findings about the requesting spouse’s ability to become self-supporting or an unconscionable disparity in living standards.
Divorce rate
2.8 per 1,000 residents (2024)
Maryland’s courts granted 2.8 divorces per 1,000 residents in 2024, down from 3.3 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 6.4 of every 1,000 women 15 and older in Maryland divorced in the past year (±1.0; U.S. 6.9), a different measure.[7][8]
Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026
Estimate your divorce cost in Maryland: mediation vs. court →
How child support is calculated in Maryland →
Official help: Divorce (Maryland Courts, Court Help)
Mediators per 100,000: MediationList listings from official court and government rosters in Maryland (366) ÷ population (6,263,220, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.[6]
Questions about divorce in Maryland
How long do you have to live in Maryland to file for divorce?
If the grounds for divorce happened outside Maryland, one spouse must have lived in Maryland for at least 6 months before filing; the courts' help page says you can otherwise file if you or your spouse is a Maryland resident. — Md. Code, Family Law § 7-101[1]
Is Maryland a no-fault divorce state?
Maryland grants an absolute divorce on three grounds: 6 months of living separate and apart before filing, irreconcilable differences, or mutual consent with a signed settlement agreement resolving all issues. — Md. Code, Family Law § 7-103(a)[2]
Is Maryland a community property state?
No. After identifying and valuing marital property, the court may transfer certain property interests, grant a monetary award, or both, to adjust the equities and rights of the spouses, weighing listed factors. — Md. Code, Family Law § 8-205(a)(1)[3]
Is mediation required for custody in Maryland?
In every case where custody or visitation is at issue, the court must decide promptly whether mediation is appropriate and a qualified mediator is available, and if so it orders the parties to mediate; it may not order mediation where a party or child raises a genuine issue of abuse in good faith. — Md. Rule 9-205(b)[4]
How much does it cost to file for divorce in Maryland?
The statewide summary of circuit court clerk fees lists $165 for a complaint for limited or absolute divorce. — Summary of Charges, Costs, and Fees of the Clerks of the Circuit Court[5]
More
Sources
Maryland’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.
- Md. Code, Family Law § 7-101 (Maryland General Assembly)↩
- Md. Code, Family Law § 7-103(a) (Maryland General Assembly)↩
- Md. Code, Family Law § 8-205(a)(1) (Maryland General Assembly)↩
- Md. Rule 9-205(b) (copy published by the Maryland Judiciary, mdcourts.gov)↩
- Summary of Charges, Costs, and Fees of the Clerks of the Circuit Court (Maryland Judiciary, eff. Sept. 2, 2026)↩
- U.S. Census Bureau, Vintage 2024 county and state population estimates (July 1, 2024)↩
- CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024↩
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503↩