Maryland Divorce Laws: Residency, Waiting Period, Custody and Support
Maryland divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Maryland
- Residency requirement
- You can file for divorce in a Maryland circuit court if you or your spouse is a Maryland resident. If the grounds for the divorce happened outside Maryland, one spouse must have lived in Maryland for at least 6 months before filing. Md. Code, Family Law § 7-101; Maryland Judiciary, Divorce
- Waiting period
- Section 7-103 sets no cooling-off period after filing. The 6-month separation ground requires 6 months of living apart before the complaint is filed. Md. Code, Family Law § 7-103; Maryland Judiciary, Divorce
- Dividing property
- Maryland is an equitable distribution state. The court first decides which property is marital property: property either spouse acquired during the marriage, however it is titled. Md. Code, Family Law §§ 8-201, 8-203, 8-205; Maryland Judiciary, Divorce
- Filing fee
- The circuit court clerk's fee for filing a complaint for divorce is $165. There is no fee for a motion to restore a former name. You may ask the court to waive the fee based on your income. Maryland Judiciary, Summary of Charges, Costs, and Fees of the Clerks of the Circuit Court (effective September 2, 2026); Maryland Judiciary, Divorce
- When child support ends
- The age of majority in Maryland is 18. A person who is 18 and still enrolled in secondary school has the right to support from both parents until the first of these happens: the person dies, marries, is emancipated, graduates from or is no longer enrolled in secondary school, or turns 19. Md. Code, General Provisions § 1-401; Family Law § 5-203
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | You can file for divorce in a Maryland circuit court if you or your spouse is a Maryland resident. If the grounds for the divorce happened outside Maryland, one spouse must have lived in Maryland for at least 6 months before filing. |
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| Grounds for divorce | Maryland has three grounds for absolute divorce, all of them no-fault: (1) a 6-month separation, where the spouses have lived separate and apart without interruption for 6 months before filing (they can live under the same roof if they pursue separate lives); (2) irreconcilable differences, based on the reasons the filing spouse gives for ending the marriage; and (3) mutual consent, where both spouses sign a written settlement agreement resolving alimony, property, and the custody and support of any minor or dependent children. Source: Md. Code, Family Law § 7-103 |
| Waiting period | Section 7-103 sets no cooling-off period after filing. The 6-month separation ground requires 6 months of living apart before the complaint is filed. A spouse served in Maryland has 30 days to answer (60 days if served in another state, 90 days if served outside the U.S.). |
| Filing fee | The circuit court clerk's fee for filing a complaint for divorce is $165. There is no fee for a motion to restore a former name. You may ask the court to waive the fee based on your income. Fee waivers: https://www.mdcourts.gov/legalhelp/filingfeewaivers |
| Uncontested or simplified divorce | Spouses who agree can divorce on the ground of mutual consent. Both spouses sign a written marital settlement agreement resolving alimony, property division, and the care, custody and support of any minor or dependent children (form CC-DR-116 is available), attach a child support guidelines worksheet if the agreement provides for child support, and file it with a complaint for absolute divorce (CC-DR-020). Neither spouse may file to set the agreement aside before the divorce hearing, and the court must find the terms about the children are in their best interests. No period of separation is required for this ground. |
| Divorce forms | The Maryland Judiciary's divorce self-help page and Family Law Forms index provide the official forms. File the Complaint for Absolute Divorce (CC-DR-020) in circuit court, with the Civil Domestic Information Report (CC-DCM-001) if needed; spouses who agree on all issues under the mutual consent ground also file a Marital (Marriage) Settlement Agreement (CC-DR-116). Instructions are in CC-DRIN-A. The Judiciary also offers a Guide and File interview for Absolute Divorce that prepares the documents by asking a series of questions. |
Property and alimony
| Dividing property | Maryland is an equitable distribution state. The court first decides which property is marital property: property either spouse acquired during the marriage, however it is titled. Marital property does not include property acquired before the marriage, gifts or inheritances from a third party, property excluded by a valid agreement, or property traceable to those sources. The court may then transfer interests in certain property (such as retirement plans, family use personal property and the jointly owned family home) or grant a monetary award to adjust the spouses' rights fairly. Factors include each spouse's monetary and nonmonetary contributions, the value of each spouse's property, economic circumstances, what led to the estrangement, the length of the marriage, ages and health, and how the property was acquired. A spouse with custody of a child may be given use of the family home and family use property for up to three years. |
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| Alimony (spousal support) | Maryland has three types of alimony: pendente lite (temporary, while the case is pending), rehabilitative (for a limited time or purpose so a spouse can become self-supporting, the most common type), and indefinite. The court sets the amount and length after considering factors such as each spouse's ability to be self-supporting, time needed for education or training, the marital standard of living, the length of the marriage, each spouse's contributions, the circumstances of the estrangement, ages and health, ability to pay, any agreement, and each spouse's financial needs and resources. Indefinite alimony may be awarded if a spouse cannot reasonably become self-supporting because of age, illness or disability, or if the spouses' standards of living would still be unconscionably disparate. Alimony must be requested before the divorce is final. |
Children: custody and support
| Child custody | Custody (legal custody, or decision-making authority, and physical custody, or parenting time) is decided by the child's best interest. Factors the court may consider include stability and the child's health and welfare; frequent, regular and continuing contact with parents who can act in the child's best interest; how the parents will share responsibilities; the child's relationships with parents, siblings and others; protection from conflict and violence; the child's developmental and day-to-day needs; the child's age; any military deployment; prior orders or agreements; each parent's role; the location of each home; how well the parents communicate and co-parent; and the child's preference, if age-appropriate. The court must state its findings on each factor. No specific age is set for the child's preference. A parenting plan is required in any case involving custody of a minor child. |
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| Emergency and temporary custody | If there is an imminent risk of substantial and immediate harm to you or your child, you can ask the circuit court for emergency custody. The procedure varies from court to court, but the emergency hearing usually happens very quickly after the request is filed. Emergency custody is a temporary order, and the case continues until a final order. It is different from temporary (pendente lite) custody, which is based on the child's best interests and is requested by filing a request for hearing and an Order for Temporary Custody and Support along with a complaint for custody or divorce. Ask the clerk of the circuit court where the case is filed about its local emergency custody procedure. |
| Parenting class or mediation | Court programs available in custody cases include co-parenting classes and mediation, along with custody evaluations and visitation services; each county has a family services coordinator who knows which programs are offered locally. A parenting plan is required in any case involving custody of a minor child. |
| Grandparents' rights | A court may consider a grandparent's petition for reasonable visitation with a grandchild and may grant visitation if it finds it is in the child's best interests. Source: Md. Code, Family Law § 9-102 |
Child support
| Child support | Maryland uses an income shares model: the basic child support obligation is taken from a statutory schedule based on the parents' combined adjusted actual income and divided between the parents in proportion to their incomes. If alimony is requested, the court decides it first and counts it as income to the recipient. Above the top of the schedule, the court uses its discretion. The Child Support Administration (Department of Human Services) offers an online calculator that estimates guideline support; it does not reflect deviations a court may allow. CSA calculator: https://dhs.maryland.gov/child-support-services/child-support-resources/estimate-child-support-amount/ |
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| How to apply for child support | You can apply for child support services from the Maryland Department of Human Services, Child Support Administration (CSA), using its online application, which CSA says is the fastest and most secure method. Paper applications can be picked up at a local child support office, requested by calling 1-800-332-6347, or downloaded, and must be mailed, faxed or hand-delivered (not emailed). There is a one-time $15 application fee (plus a $1.50 convenience fee online), which is waived if you receive or received Temporary Cash Assistance or Medical Assistance. Certain cases also pay an annual $15 fee after $3,500 in payments is distributed in a year. You can also file a Complaint for Child Support (CC-DR-001) directly with the court. Court self-help: https://www.mdcourts.gov/legalhelp/family/childsupport |
| When child support ends | The age of majority in Maryland is 18. A person who is 18 and still enrolled in secondary school has the right to support from both parents until the first of these happens: the person dies, marries, is emancipated, graduates from or is no longer enrolled in secondary school, or turns 19. |
| Changing a child support order | A court may modify child support after a motion to modify is filed and on a showing of a material change of circumstance. A change cannot apply back before the date the motion was filed. Incarceration that substantially reduces a parent's ability to pay can be a material change. A parent can file a Petition to Modify Child Support (CC-DR-006) with the court, and a local child support office can help in cases it handles. |
| If child support isn't paid | CSA's enforcement tools include wage withholding (most support is collected this way, and new-hire matches trigger automatic withholding orders); interception of federal tax refunds (arrears of $500 or more and at least two months of support) and Maryland tax refunds (arrears of $150 or more and at least two months of support); passport denial for $2,500 or more in past-due support; driver's license suspension; professional license suspension after 120 days out of compliance; financial institution data matches and garnishment; credit bureau reporting; liens on real or personal property and seizure of assets; interception of lottery winnings of at least $150, unemployment benefits and workers' compensation awards; and civil contempt, which can include jail. Under a law effective October 1, 2025, CSA can refer a driver's license for suspension only after 120 days out of compliance, and not if the parent's income is at or below 250% of the federal poverty level (unless a court found the parent voluntarily impoverished). The enforcement tools page still lists a 60-day threshold for driver's license referral; the 2025 law page states it is now 120 days: https://dhs.maryland.gov/child-support-services/child-support-resources/2025-child-support-laws/drivers-license-suspension-law/ |
| State child support agency | The Maryland Department of Human Services, Child Support Administration (CSA), is the state child support agency. Its services include applying for child support, estimating support, establishing paternity, making and receiving payments (including the Way2Go card) and employment programs for noncustodial parents. Apply online through MarylandBenefits.gov; online child support information is available through myMDTHINK. DHS phone: 1-800-332-6347 (TTY 1-800-735-2258). |
| Official child support calculator | The Maryland Child Support Administration (Department of Human Services) has an online calculator that, according to the Maryland Judiciary, "will estimate the amount of child support that the court may approve under current guidelines." The Judiciary notes that "The CSA calculator does not reflect deviations and adjustments a court may allow." CSA calculator: https://dhs.maryland.gov/child-support-services/child-support-resources/estimate-child-support-amount/ |
Separation, annulment, records and marriage
| Legal separation | There is no legal separation in Maryland. Spouses who live separate lives for at least six months can file for divorce on the ground of a 6-month separation. Applications for limited divorce were filed only before October 1, 2023. |
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| Annulment | A marriage may be annulled if it is void or voidable. It is void if either party was already married to someone else, or if the parties are related within prohibited degrees (such as a grandparent, parent, child, sibling, grandchild, aunt or uncle, niece or nephew, stepparent, or a spouse's parent, child or grandchild). It is voidable if consent was obtained by abduction, fraud, duress or undue influence, or if a party lacked the mental capacity to consent; it cannot be annulled if the couple kept living together after the problem ended. The marriage's invalidity must be proved by clear and satisfactory evidence, and the court can still divide property, provide child support and award alimony. |
| Common-law marriage | No. A common-law marriage cannot be created in Maryland. Maryland does recognize a common-law marriage validly created in another state or country that allows it, and those spouses must go to court to divorce. |
| Changing your name after divorce | When granting a divorce, or on a motion filed within 18 months after the divorce is final, the court must restore a spouse's birth name or another former name if the spouse took a new name at marriage, asks for the change, and the purpose is not illegal or fraudulent. Form CC-DR-097 (Motion for Restoration of Former Name) can be used, and there is no court fee for it. After 18 months, a separate name change case is needed. |
| Divorce records | Most court records, including divorce case files, can be viewed by anyone at the clerk's office of the courthouse where the case was heard, and copies can be requested for a fee. Financial statements filed in spousal or child support cases are not open to the public without a court order. A copy of the actual divorce decree can be obtained only from the circuit court that granted it. The Maryland Department of Health, Division of Vital Records, issues a Verification of Divorce (names, county, date and type of action) for divorces and annulments on or after January 1, 1992, to either spouse, a spouse's authorized representative, or a spouse's attorney; it can be ordered online through VitalChek or by mail. Vital Records page: https://health.maryland.gov/vsa/Pages/divorce.aspx |
Marriage and name changes
| Getting a marriage license | A license from the clerk of the circuit court for the county where the ceremony will take place is required. One of the parties applies in person at the clerk's office during regular hours, gives the required information under oath, and provides each party's Social Security number (if any) and a government-issued birth certificate or other official document showing age; nonresidents of the county may use a sworn affidavit instead. The license does not take effect until 6 a.m. on the second calendar day after it is issued, unless a circuit court judge authorizes an earlier time for good cause (one party must be a Maryland resident or a service member). It is valid for 6 months from its effective date and only in the issuing county. The state fee is $10, and counties may add a surcharge for domestic violence programs, so the total varies by county. |
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| Minimum marriage age | A person under 17 may not marry. A 17-year-old may marry only with the consent of each living parent, guardian or legal custodian (or, without that consent, a medical certificate of pregnancy or birth), and must also present to the clerk a certified court order authorizing the minor to marry, no earlier than 15 days after the order was issued. Source: Md. Code, Fam. Law § 2-301 |
| Legal name change | An adult files a Petition for Change of Name of an Adult (form CC-DR-060) in the circuit court of the county where the person lives, works, carries on a regular business, or was born, attaching documents showing the current legal name. Anyone with a valid reason may file an objection within 30 days after the petition is filed. The Maryland Judiciary lists a $165 filing fee, which may be waived for those who cannot afford it. Records can be limited from public view only for a special and compelling reason. |
Adoption, guardianship and paternity
| Adoption requirements | Maryland has public agency, private agency and independent adoptions. In an independent adoption, any adult may petition; a married petitioner adopting a minor must be joined by the spouse unless an exception applies (such as the spouse being the child's parent who consents). Each living parent must consent in writing, or by not filing a timely objection after being served with a show-cause order, and a child 10 or older must also consent. A parent's consent can be revoked within 30 days after signing. Without consent, the court may grant the adoption only on clear and convincing evidence of specific grounds, for a petitioner who has cared for the child for at least 180 days. The court may order an investigation in a consensual case and must order one in a nonconsensual case. Maryland Courts adoption overview: https://www.mdcourts.gov/legalhelp/family/adoption |
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| Stepparent adoption | Stepparent adoptions are usually filed as independent adoptions. The stepparent's spouse who is the child's parent does not have to join the petition if that parent consents. The other parent must consent (in writing or by not objecting in time after service of a show-cause order), and a child 10 or older must consent. Consent forms for a stepparent or relative adoption do not need the statement about the parent's right to independent counsel and counseling. The court may, but need not, order an investigation in a consensual case; if the other parent objects, an investigation is required and the stepparent must have cared for the child at least 180 days and prove one of the statutory grounds by clear and convincing evidence. |
| Guardianship of a child | Anyone interested in the minor's welfare may petition for appointment of a guardian of the person of an unmarried minor. After notice and a hearing under the Maryland Rules, the court may appoint a guardian if it finds by a preponderance of the evidence that the appointment is in the child's best interest, no testamentary guardian has been named, and no parent is willing or able to serve, each parent consents, or no parent objects. The court must appoint a qualified person chosen by a minor 14 or older unless that is not in the minor's best interest. Appointing a guardian does not terminate parental rights. Source: Md. Code, Est. & Trusts § 13-702 |
| Guardianship of an adult | The court appoints a guardian of the person for an adult only if it finds by clear and convincing evidence that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions (such as health care, food, clothing or shelter) because of a mental disability, disease, habitual drunkenness or drug addiction, and that no less restrictive form of intervention is available. The petition must include certificates from two licensed physicians, or one physician plus a psychologist, licensed certified clinical social worker or nurse practitioner, with at least one examination within 21 days before filing. The court appoints a lawyer unless the person has one, and the person may attend, present evidence and cross-examine witnesses. |
| Establishing paternity | Unmarried parents must be given the chance to sign an affidavit of parentage on a standardized state form (offered at the hospital under Health-General § 4-208), after being told orally and in writing about its legal consequences. A signed affidavit is a legal finding of parentage. Any signer may rescind it in writing within 60 days after signing, or in a court proceeding about the child to which the signer is a party that occurs within that 60-day period. After 60 days, it can be challenged in court only for fraud, duress or material mistake of fact, and support obligations generally continue during the challenge. The statutes reviewed for this field did not include the genetic-testing provisions of a court paternity case. Source: Md. Code, Fam. Law § 5-1028 |
| Emancipation of a minor | Maryland has no statute or court rule setting out a procedure for emancipation; courts rely on common law (prior court decisions), and there is no standard self-help court form. A minor may be emancipated, fully or partly, through events such as marriage or military service, a parent's misconduct (abuse, neglect or failure to support), or a parent's agreement to give up parental control. Under Maryland case law, a minor cannot become emancipated by his or her own act alone. The age of majority is 18. |
Where to get help in Maryland
Divorce & Family Law FAQ
How long do you have to live in Maryland to file for divorce?
You can file for divorce in a Maryland circuit court if you or your spouse is a Maryland resident. If the grounds for the divorce happened outside Maryland, one spouse must have lived in Maryland for at least 6 months before filing.
Is Maryland a no-fault divorce state?
Maryland has three grounds for absolute divorce, all of them no-fault: (1) a 6-month separation, where the spouses have lived separate and apart without interruption for 6 months before filing (they can live under the same roof if they pursue separate lives); (2) irreconcilable differences, based on the reasons the filing spouse gives for ending the marriage; and (3) mutual consent, where both spouses sign a written settlement agreement resolving alimony, property, and the custody and support of any minor or dependent children.
Is there a waiting period for divorce in Maryland?
Section 7-103 sets no cooling-off period after filing. The 6-month separation ground requires 6 months of living apart before the complaint is filed. A spouse served in Maryland has 30 days to answer (60 days if served in another state, 90 days if served outside the U.S.).
How much does it cost to file for divorce in Maryland?
The circuit court clerk's fee for filing a complaint for divorce is $165. There is no fee for a motion to restore a former name. You may ask the court to waive the fee based on your income.
How do you get an uncontested divorce in Maryland?
Spouses who agree can divorce on the ground of mutual consent. Both spouses sign a written marital settlement agreement resolving alimony, property division, and the care, custody and support of any minor or dependent children (form CC-DR-116 is available), attach a child support guidelines worksheet if the agreement provides for child support, and file it with a complaint for absolute divorce (CC-DR-020). Neither spouse may file to set the agreement aside before the divorce hearing, and the court must find the terms about the children are in their best interests. No period of separation is required for this ground.
Is Maryland a community property state?
Maryland is an equitable distribution state. The court first decides which property is marital property: property either spouse acquired during the marriage, however it is titled. Marital property does not include property acquired before the marriage, gifts or inheritances from a third party, property excluded by a valid agreement, or property traceable to those sources. The court may then transfer interests in certain property (such as retirement plans, family use personal property and the jointly owned family home) or grant a monetary award to adjust the spouses' rights fairly. Factors include each spouse's monetary and nonmonetary contributions, the value of each spouse's property, economic circumstances, what led to the estrangement, the length of the marriage, ages and health, and how the property was acquired. A spouse with custody of a child may be given use of the family home and family use property for up to three years.
How is alimony decided in Maryland?
Maryland has three types of alimony: pendente lite (temporary, while the case is pending), rehabilitative (for a limited time or purpose so a spouse can become self-supporting, the most common type), and indefinite. The court sets the amount and length after considering factors such as each spouse's ability to be self-supporting, time needed for education or training, the marital standard of living, the length of the marriage, each spouse's contributions, the circumstances of the estrangement, ages and health, ability to pay, any agreement, and each spouse's financial needs and resources. Indefinite alimony may be awarded if a spouse cannot reasonably become self-supporting because of age, illness or disability, or if the spouses' standards of living would still be unconscionably disparate. Alimony must be requested before the divorce is final.
How is child custody decided in Maryland?
Custody (legal custody, or decision-making authority, and physical custody, or parenting time) is decided by the child's best interest. Factors the court may consider include stability and the child's health and welfare; frequent, regular and continuing contact with parents who can act in the child's best interest; how the parents will share responsibilities; the child's relationships with parents, siblings and others; protection from conflict and violence; the child's developmental and day-to-day needs; the child's age; any military deployment; prior orders or agreements; each parent's role; the location of each home; how well the parents communicate and co-parent; and the child's preference, if age-appropriate. The court must state its findings on each factor. No specific age is set for the child's preference. A parenting plan is required in any case involving custody of a minor child.
How is child support calculated in Maryland?
Maryland uses an income shares model: the basic child support obligation is taken from a statutory schedule based on the parents' combined adjusted actual income and divided between the parents in proportion to their incomes. If alimony is requested, the court decides it first and counts it as income to the recipient. Above the top of the schedule, the court uses its discretion. The Child Support Administration (Department of Human Services) offers an online calculator that estimates guideline support; it does not reflect deviations a court may allow.
Do you have to take a parenting class to divorce in Maryland?
Court programs available in custody cases include co-parenting classes and mediation, along with custody evaluations and visitation services; each county has a family services coordinator who knows which programs are offered locally. A parenting plan is required in any case involving custody of a minor child.
Can you get a legal separation in Maryland?
There is no legal separation in Maryland. Spouses who live separate lives for at least six months can file for divorce on the ground of a 6-month separation. Applications for limited divorce were filed only before October 1, 2023.
What are the grounds for annulment in Maryland?
A marriage may be annulled if it is void or voidable. It is void if either party was already married to someone else, or if the parties are related within prohibited degrees (such as a grandparent, parent, child, sibling, grandchild, aunt or uncle, niece or nephew, stepparent, or a spouse's parent, child or grandchild). It is voidable if consent was obtained by abduction, fraud, duress or undue influence, or if a party lacked the mental capacity to consent; it cannot be annulled if the couple kept living together after the problem ended. The marriage's invalidity must be proved by clear and satisfactory evidence, and the court can still divide property, provide child support and award alimony.
Does Maryland recognize common-law marriage?
No. A common-law marriage cannot be created in Maryland. Maryland does recognize a common-law marriage validly created in another state or country that allows it, and those spouses must go to court to divorce.
Do grandparents have visitation rights in Maryland?
A court may consider a grandparent's petition for reasonable visitation with a grandchild and may grant visitation if it finds it is in the child's best interests.
How do you change your name back after a divorce in Maryland?
When granting a divorce, or on a motion filed within 18 months after the divorce is final, the court must restore a spouse's birth name or another former name if the spouse took a new name at marriage, asks for the change, and the purpose is not illegal or fraudulent. Form CC-DR-097 (Motion for Restoration of Former Name) can be used, and there is no court fee for it. After 18 months, a separate name change case is needed.
At what age does child support end in Maryland?
The age of majority in Maryland is 18. A person who is 18 and still enrolled in secondary school has the right to support from both parents until the first of these happens: the person dies, marries, is emancipated, graduates from or is no longer enrolled in secondary school, or turns 19.
How do I file for child support in Maryland?
You can apply for child support services from the Maryland Department of Human Services, Child Support Administration (CSA), using its online application, which CSA says is the fastest and most secure method. Paper applications can be picked up at a local child support office, requested by calling 1-800-332-6347, or downloaded, and must be mailed, faxed or hand-delivered (not emailed). There is a one-time $15 application fee (plus a $1.50 convenience fee online), which is waived if you receive or received Temporary Cash Assistance or Medical Assistance. Certain cases also pay an annual $15 fee after $3,500 in payments is distributed in a year. You can also file a Complaint for Child Support (CC-DR-001) directly with the court.
What happens if you don't pay child support in Maryland?
CSA's enforcement tools include wage withholding (most support is collected this way, and new-hire matches trigger automatic withholding orders); interception of federal tax refunds (arrears of $500 or more and at least two months of support) and Maryland tax refunds (arrears of $150 or more and at least two months of support); passport denial for $2,500 or more in past-due support; driver's license suspension; professional license suspension after 120 days out of compliance; financial institution data matches and garnishment; credit bureau reporting; liens on real or personal property and seizure of assets; interception of lottery winnings of at least $150, unemployment benefits and workers' compensation awards; and civil contempt, which can include jail. Under a law effective October 1, 2025, CSA can refer a driver's license for suspension only after 120 days out of compliance, and not if the parent's income is at or below 250% of the federal poverty level (unless a court found the parent voluntarily impoverished).
How do you modify child support in Maryland?
A court may modify child support after a motion to modify is filed and on a showing of a material change of circumstance. A change cannot apply back before the date the motion was filed. Incarceration that substantially reduces a parent's ability to pay can be a material change. A parent can file a Petition to Modify Child Support (CC-DR-006) with the court, and a local child support office can help in cases it handles.
How do you get emergency custody in Maryland?
If there is an imminent risk of substantial and immediate harm to you or your child, you can ask the circuit court for emergency custody. The procedure varies from court to court, but the emergency hearing usually happens very quickly after the request is filed. Emergency custody is a temporary order, and the case continues until a final order. It is different from temporary (pendente lite) custody, which is based on the child's best interests and is requested by filing a request for hearing and an Order for Temporary Custody and Support along with a complaint for custody or divorce.
Are divorce records public in Maryland, and how do I get a copy?
Most court records, including divorce case files, can be viewed by anyone at the clerk's office of the courthouse where the case was heard, and copies can be requested for a fee. Financial statements filed in spousal or child support cases are not open to the public without a court order. A copy of the actual divorce decree can be obtained only from the circuit court that granted it. The Maryland Department of Health, Division of Vital Records, issues a Verification of Divorce (names, county, date and type of action) for divorces and annulments on or after January 1, 1992, to either spouse, a spouse's authorized representative, or a spouse's attorney; it can be ordered online through VitalChek or by mail.
How do you get a marriage license in Maryland?
A license from the clerk of the circuit court for the county where the ceremony will take place is required. One of the parties applies in person at the clerk's office during regular hours, gives the required information under oath, and provides each party's Social Security number (if any) and a government-issued birth certificate or other official document showing age; nonresidents of the county may use a sworn affidavit instead. The license does not take effect until 6 a.m. on the second calendar day after it is issued, unless a circuit court judge authorizes an earlier time for good cause (one party must be a Maryland resident or a service member). It is valid for 6 months from its effective date and only in the issuing county. The state fee is $10, and counties may add a surcharge for domestic violence programs, so the total varies by county.
What is the legal age to get married in Maryland?
A person under 17 may not marry. A 17-year-old may marry only with the consent of each living parent, guardian or legal custodian (or, without that consent, a medical certificate of pregnancy or birth), and must also present to the clerk a certified court order authorizing the minor to marry, no earlier than 15 days after the order was issued.
What are the requirements to adopt a child in Maryland?
Maryland has public agency, private agency and independent adoptions. In an independent adoption, any adult may petition; a married petitioner adopting a minor must be joined by the spouse unless an exception applies (such as the spouse being the child's parent who consents). Each living parent must consent in writing, or by not filing a timely objection after being served with a show-cause order, and a child 10 or older must also consent. A parent's consent can be revoked within 30 days after signing. Without consent, the court may grant the adoption only on clear and convincing evidence of specific grounds, for a petitioner who has cared for the child for at least 180 days. The court may order an investigation in a consensual case and must order one in a nonconsensual case.
How does stepparent adoption work in Maryland?
Stepparent adoptions are usually filed as independent adoptions. The stepparent's spouse who is the child's parent does not have to join the petition if that parent consents. The other parent must consent (in writing or by not objecting in time after service of a show-cause order), and a child 10 or older must consent. Consent forms for a stepparent or relative adoption do not need the statement about the parent's right to independent counsel and counseling. The court may, but need not, order an investigation in a consensual case; if the other parent objects, an investigation is required and the stepparent must have cared for the child at least 180 days and prove one of the statutory grounds by clear and convincing evidence.
How do you get guardianship of a child in Maryland?
Anyone interested in the minor's welfare may petition for appointment of a guardian of the person of an unmarried minor. After notice and a hearing under the Maryland Rules, the court may appoint a guardian if it finds by a preponderance of the evidence that the appointment is in the child's best interest, no testamentary guardian has been named, and no parent is willing or able to serve, each parent consents, or no parent objects. The court must appoint a qualified person chosen by a minor 14 or older unless that is not in the minor's best interest. Appointing a guardian does not terminate parental rights.
How do you get guardianship of an adult in Maryland?
The court appoints a guardian of the person for an adult only if it finds by clear and convincing evidence that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions (such as health care, food, clothing or shelter) because of a mental disability, disease, habitual drunkenness or drug addiction, and that no less restrictive form of intervention is available. The petition must include certificates from two licensed physicians, or one physician plus a psychologist, licensed certified clinical social worker or nurse practitioner, with at least one examination within 21 days before filing. The court appoints a lawyer unless the person has one, and the person may attend, present evidence and cross-examine witnesses.
How do you establish paternity in Maryland?
Unmarried parents must be given the chance to sign an affidavit of parentage on a standardized state form (offered at the hospital under Health-General § 4-208), after being told orally and in writing about its legal consequences. A signed affidavit is a legal finding of parentage. Any signer may rescind it in writing within 60 days after signing, or in a court proceeding about the child to which the signer is a party that occurs within that 60-day period. After 60 days, it can be challenged in court only for fraud, duress or material mistake of fact, and support obligations generally continue during the challenge.
How do you legally change your name in Maryland?
An adult files a Petition for Change of Name of an Adult (form CC-DR-060) in the circuit court of the county where the person lives, works, carries on a regular business, or was born, attaching documents showing the current legal name. Anyone with a valid reason may file an objection within 30 days after the petition is filed. The Maryland Judiciary lists a $165 filing fee, which may be waived for those who cannot afford it. Records can be limited from public view only for a special and compelling reason.
How does a minor get emancipated in Maryland?
Maryland has no statute or court rule setting out a procedure for emancipation; courts rely on common law (prior court decisions), and there is no standard self-help court form. A minor may be emancipated, fully or partly, through events such as marriage or military service, a parent's misconduct (abuse, neglect or failure to support), or a parent's agreement to give up parental control. Under Maryland case law, a minor cannot become emancipated by his or her own act alone. The age of majority is 18.
Where can I get divorce papers and forms in Maryland?
The Maryland Judiciary's divorce self-help page and Family Law Forms index provide the official forms. File the Complaint for Absolute Divorce (CC-DR-020) in circuit court, with the Civil Domestic Information Report (CC-DCM-001) if needed; spouses who agree on all issues under the mutual consent ground also file a Marital (Marriage) Settlement Agreement (CC-DR-116). Instructions are in CC-DRIN-A. The Judiciary also offers a Guide and File interview for Absolute Divorce that prepares the documents by asking a series of questions.
Who handles child support in Maryland, and how do I contact them?
The Maryland Department of Human Services, Child Support Administration (CSA), is the state child support agency. Its services include applying for child support, estimating support, establishing paternity, making and receiving payments (including the Way2Go card) and employment programs for noncustodial parents. Apply online through MarylandBenefits.gov; online child support information is available through myMDTHINK. DHS phone: 1-800-332-6347 (TTY 1-800-735-2258).
Is there an official child support calculator in Maryland?
The Maryland Child Support Administration (Department of Human Services) has an online calculator that, according to the Maryland Judiciary, "will estimate the amount of child support that the court may approve under current guidelines." The Judiciary notes that "The CSA calculator does not reflect deviations and adjustments a court may allow."
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.