How to File for Divorce in Maryland
How to file for divorce in Maryland: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: 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
| 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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| 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. |
| 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.). |
| 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. |
Where to get help in Maryland
More Maryland divorce & family law
- Getting a Marriage License in Maryland
- Adopting a Child in Maryland
- Guardianship of a Child or Adult in Maryland
- Establishing Paternity in Maryland
- Changing Your Name in Maryland
- Child Custody Laws in Maryland
- How Child Support Is Calculated in Maryland
- Divorce Records in Maryland
- Alimony and Spousal Support in Maryland
- Legal Separation and Annulment in Maryland
- All Maryland divorce & family law rules
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.
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 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.).
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.
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.