How to File for Divorce in Maryland Without a Lawyer (2026)

Maryland made sweeping changes to its divorce law in October 2023 — eliminating fault grounds and the old 12-month separation requirement entirely. If you've seen older Maryland divorce guides mentioning a 1-year separation or fault-based grounds like adultery or desertion, that law no longer exists.

What changed in 2023:

• Eliminated: Fault grounds (adultery, desertion, cruelty, etc.)
• Eliminated: The 12-month separation requirement
• Added: "Irreconcilable differences" as a no-fault ground (no separation required)
• Added: Mutual consent path with no separation period
• Remaining: 6-month separation as an alternative ground

Two current paths:

1. Mutual Consent — Both spouses agree on all terms and file together with a signed settlement agreement. No separation required. Fastest path.
2. 6-Month Separation — Parties have lived separate and apart for at least 6 months. Either spouse can file unilaterally.

Disclaimer: General legal information, not legal advice. Consult a licensed Maryland attorney for your specific situation.

Maryland Divorce at a Glance

Absolute Divorce vs. Limited Divorce

Maryland is one of the few states that still recognizes limited divorce (legal separation).

Absolute Divorce: Terminates the marriage completely. Courts can divide marital property, award alimony, and address custody and child support. This is what most people seeking a divorce want.

Limited Divorce: A court-supervised separation. The marriage is NOT terminated. Courts can award alimony and custody/support, but cannot divide marital property. Limited divorce is rarely the goal — most people want an absolute divorce.

This guide covers Absolute Divorce.

Step-by-Step: Maryland Mutual Consent Divorce

The mutual consent path is the fastest and most accessible Maryland divorce when both spouses agree.

Requirements for Mutual Consent:

• Both spouses agree the marriage should end
• Both spouses have signed a written Settlement Agreement covering all issues
• Neither spouse seeks modification of the Settlement Agreement at the hearing

Step 1 — Negotiate and Sign the Settlement Agreement

Before filing, both spouses must sign a complete Settlement Agreement addressing:

• Division of all marital property (real estate, accounts, retirement, vehicles)
• All marital debt allocation
• Alimony — type, amount, duration, OR explicit written waiver
• If minor children: legal custody, physical custody, parenting schedule, child support per Maryland Guidelines

Step 2 — Complete Required Forms

Download the post-2023 forms from mdcourts.gov/legalhelp/familylawforms:

• Complaint for Absolute Divorce (updated 2023 version — use the current form)
• Domestic Case Information Report
• Settlement Agreement (signed by both parties)
• Financial Statement (if alimony or contested property)
• Child Support Worksheet (if minor children)
• Parenting Plan (if minor children)

Step 3 — File at Circuit Court

File at the Circuit Court in the county where either spouse lives. Pay the $165 filing fee. The Defendant must be served OR sign an Acceptance of Service.

Step 4 — The Hearing

Maryland requires a brief hearing for absolute divorce. In a mutual consent case, both spouses typically attend a brief hearing where the judge:

• Confirms the marriage and its breakdown
• Reviews and approves the Settlement Agreement
• Enters the Judgment of Absolute Divorce

Step 5 — After the Judgment

• Name restoration: Apply at the courthouse or through SSA; include in the Complaint
• Real estate: Prepare deed → record at county land records office
• Retirement accounts: QDRO for employer plans
• Beneficiary designations: Update immediately

Step-by-Step: Maryland 6-Month Separation Divorce

Use this path when you've been living separate and apart for 6 months but don't have a complete agreement — or when your spouse won't cooperate.

Step 1 — Confirm 6-Month Separation

"Separate and apart" in Maryland means living in separate residences. Living in separate rooms of the same house does NOT count as separation for this ground.

Document the date you physically moved apart.

Step 2 — File the Complaint for Absolute Divorce

File at Circuit Court citing "6-month separation" as the ground. Pay $165.

Step 3 — Serve the Defendant

The Defendant must be formally served with the Complaint and Summons.

Service options:

• Certified mail — allowed in Maryland; Defendant must sign the return receipt
• Sheriff: Most reliable; fee varies by county
• Acceptance of Service: Defendant signs voluntarily

Step 4 — Defendant's Response

The Defendant has 30 days to file an Answer (60 days if served outside Maryland; 90 days if served outside the US).

Step 5 — Resolution

Agreed case: File the Settlement Agreement; schedule final hearing. Contested case: Discovery, settlement negotiations, and ultimately trial before the judge.

Step 6 — Final Hearing and Judgment

Brief testimony confirming the separation and grounds. Judge enters the Judgment of Absolute Divorce.

Free Maryland Divorce Resources

• Maryland courts forms (updated 2023): mdcourts.gov/legalhelp/familylawforms
• Maryland Legal Aid: mdlab.org
• People's Law Library: peoples-law.org
• Maryland State Bar Association: msba.org

Last reviewed: March 2026 | 2023 reform eliminated fault grounds and 12-month separation | Mutual consent = fastest path | $165 filing fee

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.