Maryland Divorce FAQ — Most Common Questions (2026)

The 2023 Reform

What changed about Maryland divorce law in 2023? Effective October 1, 2023, Maryland:

• Eliminated all fault-based grounds for divorce (adultery, desertion, cruelty, etc.)
• Eliminated the 12-month separation requirement
• Added "irreconcilable differences" as a new no-fault ground
• Created a mutual consent path requiring no separation period
• Retained the 6-month separation as an alternative ground

If I started my divorce under the old law, does the new law apply? The new law applies to filings on or after October 1, 2023. Confirm with the court and update your forms if you started before and are refiling.

Basics

Do I need to be separated for any period of time? Not for the mutual consent path. If both spouses agree and sign a Settlement Agreement, you can file immediately. The 6-month separation is available as an alternative if you can't reach a full agreement.

What is the filing fee? $165, payable at the Circuit Court clerk's office. One of the lowest filing fees in the country.

Is there a waiting period after filing? No. Maryland has no statutory waiting period. The divorce can be finalized as soon as the court schedules a hearing.

How fast can I get a Maryland divorce? A mutual consent divorce with a complete agreement, no children, and no contested assets can potentially be finalized in 4–8 weeks from filing.

Forms and Process

Where do I get the current Maryland divorce forms? mdcourts.gov/legalhelp/familylawforms — download fresh forms. Do not use forms predating October 2023.

Do both spouses need to attend the hearing? In a mutual consent case, both spouses typically attend a brief hearing. In a 6-month separation or irreconcilable differences case, the Petitioner attends; the Defendant may or may not appear depending on whether they are participating.

Property

Does Maryland divide all property or just marital property? Only marital property — property acquired during the marriage. Separate property (pre-marital, gifts, inheritances) is protected.

What is a Monetary Award? Maryland courts often cannot transfer specific property — instead, they value all marital assets, determine who gets each item, and order one spouse to pay the other a Monetary Award to equalize the distribution.

What is a Use and Possession Order? A court order allowing the custodial parent to remain in the family home for up to 3 years after the divorce. Unique to Maryland. Available only when there are minor children and the home was the family home.

Alimony

What types of alimony does Maryland have? Rehabilitative (temporary, fixed term), Indefinite (long-term, ongoing), or both. Maryland courts have broad discretion based on 12 statutory factors.

Can alimony be waived in the Settlement Agreement? Yes. A written alimony waiver in the Settlement Agreement is enforceable: "Each party waives any and all claims for alimony."

Children

How is child support calculated? Maryland uses the income shares model — both parents' incomes are combined, the base obligation is determined from a table, health insurance and childcare are added, and the total is split proportionally.

When does child support end? At age 18, or age 19 if still in secondary school.

Last reviewed: March 2026 | 2023 reform eliminated fault grounds and 12-month separation | $165 filing fee | mdcourts.gov/legalhelp/familylawforms

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