Divorce in Maryland (2026)

The 2023 Reform: Maryland Becomes Purely No-Fault

Maryland underwent one of the most significant divorce law reforms in the country when Senate Bill 36 took effect on October 1, 2023. The legislation eliminated every fault-based ground for divorce, repealed limited divorce entirely, and created a streamlined three-ground framework. Maryland is now a purely no-fault divorce state — one of a relatively small number of states that have completely eliminated fault-based divorce.

This reform fundamentally changed the divorce landscape in Maryland. Before October 2023, spouses sometimes had to navigate complex fault-based grounds like adultery, desertion, and cruelty. Now, three straightforward paths to divorce are available, none of which require proving wrongdoing.

However, fault is not entirely irrelevant. Circumstances that contributed to the estrangement of the parties remain a factor in alimony and monetary award decisions, even though they are no longer grounds for divorce.

Three Grounds for Divorce

Under Md. Code, Family Law Section 7-103 (as amended), Maryland recognizes:

• Mutual consent — Both spouses agree to the divorce and submit a written settlement agreement resolving all issues. No separation period is required. The court confirms the agreement is fair and not the product of fraud or duress.
• Six-month separation — The spouses have lived separate and apart for at least six continuous months. Under the 2023 reform, spouses may satisfy this requirement while living under the same roof if they are “pursuing separate lives.”
• Irreconcilable differences — Either spouse may file without the other’s agreement and without a separation period. This ground provides a true unilateral no-fault option.

The “pursuing separate lives under the same roof” provision is particularly notable. It recognizes the economic reality that many couples cannot afford to maintain two separate households during the separation period, and it eliminates the requirement that spouses physically move apart before they can pursue a divorce.

The Monetary Award System

Maryland’s approach to property division includes a distinctive mechanism not found in many states: the monetary award. Under Md. Code, Family Law Sections 8-201 through 8-214, the court does not directly transfer title to property. Instead, it grants a monetary award to achieve equitable distribution.

This means that rather than ordering one spouse to give the other a piece of real estate or a portion of a retirement account, the court calculates the value of each spouse’s marital property, determines what equitable distribution requires, and orders one spouse to pay the other a cash amount to make up the difference.

The monetary award system has practical advantages — it preserves each spouse’s control over specific assets and avoids the complications of forcing property transfers. But it can also create challenges when one spouse has significant marital assets but limited liquid funds to make the monetary payment.

Property Division: Equitable Distribution

Maryland classifies property as marital or non-marital and divides only the marital property. Marital property includes all property acquired during the marriage, regardless of title. Non-marital property includes assets owned before the marriage, gifts, inheritances, and property excluded by valid agreement.

Maryland uses a three-step process:

1. Identify all property as marital or non-marital
2. Value the marital property
3. Distribute the marital property equitably, considering:
   • Contributions, monetary and non-monetary, to the well-being of the family
   • Value of all property interests of each spouse
   • Economic circumstances of each party at the time of the award
   • Duration of the marriage
   • Age and health of each spouse
   • How and when specific marital property was acquired
   • Any award of alimony or family use personal property
   • Contributions toward acquisition of real property held as tenants by the entirety

Residency Requirements

At least one spouse must have been a resident of Maryland for six months before filing. If the grounds for divorce arose outside of Maryland, the residency requirement increases to one year. The divorce is filed in the circuit court of the county where either spouse resides.

Filing Fees and Costs

The filing fee for a divorce complaint in Maryland is approximately $165. Additional costs include service of process fees, potential mediation costs, and any court-ordered programs. Maryland’s filing fee is among the lower rates nationally. For a more detailed estimate, use our divorce cost calculator.

Spousal Support (Alimony)

Maryland courts may award alimony under Md. Code, Family Law Section 11-106. The court considers a comprehensive list of factors, including:

• The ability of the party seeking alimony to be wholly or partly self-supporting
• Time needed for the party seeking alimony to obtain education or training
• Standard of living established during the marriage
• Duration of the marriage
• Financial needs and resources of each party
• Contributions to the family, including as a homemaker
• Age and health of each spouse
• Circumstances contributing to the divorce
• Any agreement between the parties
• Ability of the paying spouse to meet their own needs while making payments

Alimony may be rehabilitative (temporary, to allow education or training), indefinite (when the court finds the disparity in income is unconscionable or the recipient cannot become self-supporting due to age, illness, or disability), or a combination. Maryland courts have expressed a clear preference for rehabilitative alimony over indefinite awards.

The Maryland Divorce Process

1. Filing the Complaint — One spouse files a Complaint for Absolute Divorce with the circuit court and pays the filing fee. For mutual consent divorces, both spouses file jointly or one files and the other consents.
2. Serving the Other Spouse — The complaint must be formally served on the other party, who has 30 days to file an answer (60 days if served out of state).
3. Scheduling Conference — The court schedules a conference to set timelines and address preliminary matters.
4. Discovery — Both parties exchange financial information, including income, assets, debts, expenses, and property documentation.
5. Mediation or Settlement — Maryland courts encourage mediation and settlement negotiations. Many counties have court-connected ADR programs.
6. Merits Hearing or Trial — For mutual consent divorces, a brief hearing confirms the agreement. For contested cases, a full trial addresses unresolved issues.
7. Judgment of Absolute Divorce — The court enters a final judgment, formally ending the marriage and setting terms for property, support, and custody.

For a broader understanding of the process, read our complete guide to divorce.

When to Consult an Attorney

Maryland’s 2023 reform simplified the grounds for divorce, but the monetary award system, the distinction between marital and non-marital property, and the range of alimony options create a legal landscape where professional guidance is valuable. If your case involves significant assets, real estate held as tenants by the entirety, business interests, pension division, or contested custody, consulting with a Maryland family law attorney can protect your interests. You can request a free consultation to explore your options before making decisions.

Frequently Asked Questions

What are the residency requirements for a Maryland divorce?

At least one spouse must have been a resident of Maryland for six months before filing. If the grounds for divorce arose outside of Maryland, the residency requirement increases to one year. The case is filed in the circuit court of the county where either spouse resides.

Does Maryland require a separation period?

For divorces based on separation, the parties must live separate and apart for six months before filing. However, under the 2023 reform, spouses may satisfy this requirement while living under the same roof if they are “pursuing separate lives.” For divorces filed on the ground of mutual consent or irreconcilable differences, there is no separation requirement.

Is Maryland a community property or equitable distribution state?

Maryland follows equitable distribution under Md. Code, Family Law Sections 8-201 through 8-214. The court classifies property as marital or non-marital and divides only the marital property through a monetary award system, which may not result in an equal split.

What grounds for divorce does Maryland recognize?

Since the October 2023 reform, Maryland is a purely no-fault state. The three grounds are mutual consent (no waiting period, requires a signed settlement agreement), six-month separation (may be satisfied under the same roof), and irreconcilable differences (no waiting period, no agreement required). All fault-based grounds were eliminated.

What is the “pursuing separate lives” provision?

Under the 2023 reform, spouses seeking a divorce based on six-month separation no longer need to physically move into separate residences. They may satisfy the separation requirement while living under the same roof if they demonstrate they are “pursuing separate lives.” This provision addresses the economic reality that many couples cannot afford to maintain two households during the separation period.

How does the monetary award system work?

Rather than directly transferring property between spouses, Maryland courts calculate the value of each spouse’s marital property and order one spouse to pay the other a cash monetary award to achieve equitable distribution. This means the court adjusts the financial outcome without requiring the transfer of specific assets, though it can create challenges when liquid funds are limited.

How This Guide Was Researched

This guide was developed through a detailed review of Md. Code, Family Law Section 7-103 (as amended by Senate Bill 36, effective October 1, 2023), Sections 8-201 through 8-214 (equitable distribution and the monetary award system), and Section 11-106 (alimony factors and types). We consulted the Maryland Courts Divorce Self-Help resources, the Maryland General Assembly’s legislative records for SB 36, and Maryland Judiciary publications on family law proceedings. Maryland State Bar Association family law section materials and Maryland Volunteer Lawyers Service publications provided additional practical context.

Sources and Legal References

• Md. Code, Family Law Section 7-103 — Grounds for absolute divorce (as amended by SB 36, October 2023)
• Md. Code, Family Law Sections 8-201 through 8-214 — Equitable distribution, monetary awards, and property classification
• Md. Code, Family Law Section 11-106 — Alimony types, factors, and modification
• Senate Bill 36 (2023 Session) — Legislative reform eliminating fault-based grounds and limited divorce
• Md. Code, Family Law Section 8-205 — Tenants by the entirety provisions

Official Maryland Resources

• Maryland Courts — Divorce
• Maryland Family Help Centers
• Maryland General Assembly — Bills and Legislation

Additional Maryland Resources

• Dr. Gloria Vanderhorst — Therapy Resources in Maryland & DC

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Maryland divorce grounds and process — Detailed analysis of Maryland’s three no-fault grounds
• Divorce in Maryland — Step-by-step walkthrough
• Legal separation in Maryland — How the 2023 reform affected separation
• Child custody in Maryland — Maryland’s 2025 codification of best interest factors
• Maryland marital vs. separate property — Property classification rules
• Community property vs. equitable distribution — Comparing the two systems
• Contested vs. uncontested divorce — Which path is right for your case
• Divorce cost estimator — Estimate your total costs