ClickCease
How to File for Divorce in Maryland

How to File for Divorce in Maryland

Patrick Crawford | January 30, 2024

Below, we cover some of the main requirements for seeking a divorce in Maryland. Many of these steps are complicated, and remember there is a lot at stake – namely, your future. Filing for divorce in Maryland just got a lot easier after some new laws took effect in October of 2023. This means you should always allow an Annapolis, Maryland, divorce attorney to handle the process for you.

Maryland Divorce Requirements

To file for divorce in Maryland, either you or your spouse must have lived in Maryland for the last six months. This is known as “establishing residency.” It is necessary that at least one of you is a resident of this state in order to file divorce here. It may be necessary to wait until the residency requirement is met before filing your divorce.

Once the residency requirement is met, a Complaint for Absolute Divorce and a Domestic Case Information Report form must be completed and submitted to the court. The Complaint for Absolute Divorce is five pages long and can take some time to complete. Be prepared to explain how you’d like to divide marital assets and liabilities and change your married name, among other things. These two documents are “the bare minimum.” Others may be required, depending on your situation, such as child support and custody forms.

Contact Patrick Crawford for your case

What Is Absolute Divorce in Maryland?

Yes, the term “absolute divorce” may sound strange if you just moved here from another state. Absolute divorce is simply how Maryland refers to a traditional divorce. Perhaps adding the word “absolute” is a bit redundant, but don’t be confused—there is only one kind of end-all marriage dissolution in Maryland (There is no “temporary divorce” or something not absolute).

Beyond “absolute,” divorces in Maryland might be no-fault, at-fault, uncontested, or contested. An at-fault divorce requires, of course, proving fault (adultery, abandonment, domestic violence, etc). At-fault divorces are more complicated as proving fault is a bit like you might envision a lawsuit. A Maryland divorce attorney can provide a lot of guidance in navigating through an at-fault divorce. For a no-fault divorce, a document called a Mutual Consent Agreement must be filed.

What Is the Domestic Case Information Report?

A Domestic Case Information Report is a two-page document that must accompany all Maryland divorce filings. This form contains your contact details and general information about your divorce proceeding. Some couples must provide additional information that others don’t need to worry about. Most people, for instance, will need to submit a basic financial declaration outlining their income and expenses. Couples with a combined income higher than $15,000 monthly will need to fill out a different financial declaration.

How to File for Divorce in Maryland?

Divorce filing fees change from time to time, so be sure to call ahead to get the most up-to-date amount and forms of payment. As of October 1, 2023, the fee to file for Absolute Divorce is $165. Fee waivers are also available to those who qualify.

Bring three copies of your forms to the county clerk’s office. You must file in the county where you live or the county where your ex lives. Electronic filing is also an option in certain counties, meaning it’s not necessary to personally travel to the clerk’s office to file.

Once your documents are filed, the clerk will give you a Writ of Summons. This document serves to notify your spouse that divorce proceedings have started. If you don’t have a lawyer, you will need to “serve” these documents to your spouse. There are very particular rules about how to properly serve the papers. If you don’t serve the papers correctly, you might have to start the divorce process over again.

If you’re working with an Annapolis divorce lawyer, they will arrange for your ex to be served. Another option is to hire a professional process server. If your spouse is in jail, deployed in the military, or his/her location is unknown, there are alternative methods for serving the papers.

divorce

Residency Requirements for Maryland Divorces

To qualify to file your divorce in Maryland, either you or your spouse must physically live in the state. If you and your spouse experienced irreconcilable differences or are living separate lives in Maryland, there is no time limit for how long you’ve lived here to file here. If you and your spouse experienced irreconcilable differences or are living separate lives outside Maryland, you must live here for six months before you can file for divorce. Irreconcilable differences and living separate lives for six months are the grounds for divorce in Maryland.

Steps & Documents to File Divorce in Maryland

Here are the steps to get divorced in Maryland:

  1. File a Complaint for Absolute Divorce to get the process started. You’ll file it at your local circuit court.
  2. If you and your spouse own property together, you’ll also need to file a Property Settlement Agreement. If you have children together or one of you is seeking spousal support, a Financial Statement will be needed.
  3. Bring these completed documents along with two copies to the civil desk at your local circuit court. You’ll pay the filing fee or apply for a fee waiver at this time.
  4. You’ll need to serve your spouse with the divorce papers. There are specific requirements on how to do this. You can not do it yourself—it must be a third party. Hiring a professional process server is also an option.
  5. After being served, your spouse must file an answer with the court. If no answer is filed, you will need to file a Request for Order of Default.
  6. If your spouse does properly file an answer within the time limit, the next step is your Master Hearing. There will also be a hearing if your spouse does not answer.
  7. The final step after your hearing is for the judge to issue the official Judgment of Divorce. After a court issues this decree, you are eligible to remarry.

The Divorce Hearing

Not every county in Maryland operates the same way. Some may have extra forms to file, unique timelines or procedures, and other nuances. Your local divorce attorney will already be familiar with those intricacies. If you don’t have a lawyer, make sure to investigate those local rules.

At least ten days before your divorce hearing, you and your spouse will need to file a document called a “Joint Statement.” This document outlines the liabilities and assets you obtained jointly during the marriage. In each of your Joint Statements, you will both specify how you think the property should be divided and what you feel each item is worth.

As the divorce process concludes, you will need to submit a form called a Division of Vital Records Report of Absolute Divorce. This form is available from the court clerk. Even if the judge has decreed that you are divorced, it is not “official” until this Report of Absolute Divorce is filed. If you are waiting for your official Divorce Decree to show an insurance company, a bank, or even the county clerk, that will not be sent to you after the Report of Absolute Divorce has been submitted.

Three Approaches to Getting Divorced in Maryland

Before you begin the process of getting divorced in Maryland, you’ll need to figure out whether you want to hire a lawyer, do it yourself, or file online.

Statistics do show that couples who hire Maryland divorce lawyers tend to reach more amicable resolutions and are more likely to agree to joint custody. If you and your spouse have no children or property and can’t afford to hire an attorney, it is possible to handle it yourself. There are plenty of resources available for guidance in bookstores, online, and even at the courthouse.

The third method, filing online, is more hands-on than filing yourself and less involved than hiring legal representation. You will file your divorce in the circuit court in your county or your spouse’s county, regardless of which method you choose.

What Divorce Lawyers Help With?

A divorce lawyer handles filing your paperwork, as well as knowing which forms need to get filed and how to complete them correctly. Divorce lawyers also give legal advice about your situation, which might include how to make your claim for alimony strong, how to protect split a pension, or how to navigate an at-fault divorce hearing. Your lawyer will also represent you at your hearing(s) and communicate with your spouse or your spouse’s lawyer on your behalf.

Contact an Annapolis Divorce Attorney Today

The Law Office of Patrick Crawford, a Maryland divorce attorney, can help you navigate this intimidating process, file the necessary paperwork on your behalf, take care of serving the papers, schedule the necessary hearings, and everything else that needs to get done. Contact us today for a free consultation.

Patrick Crawford

Patrick Crawford is an Annapolis Family Lawyer dedicated to helping you through the most complex and emotional family law matters. During his career, Patrick has successfully represented countless people in divorce, child custody, child support, domestic violence, and other family law cases of diverse complexity.

Years of experience: 20+ years.
Maryland Registration Status: Active and authorized to practice law.

LinkedIn  |  Yelp  |  Justia

How Can Patrick Help You?

Tell him about your legal issue and he will get back to you promptly.

He Respects Your Privacy. Privacy Policy

Recent Posts

Categories

#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page has been approved by attorney Patrick Crawford, a legal professional with over 20 years of experience in family law.