Maryland Divorce Checklist — Step-by-Step (2026)

This checklist reflects Maryland's 2023 divorce law reform. Be sure you are using the updated post-2023 forms from mdcourts.gov/legalhelp/familylawforms — older forms are no longer valid.

Phase 1 — Pre-Filing

• Confirm residency requirement is met (current MD resident; OR 6 months in MD if grounds occurred out of state)
• Choose your path:
  • Mutual consent (both agree + signed Settlement Agreement) — OR
  • 6-month separation — OR
  • Irreconcilable differences
• Identify Circuit Court in your county (or your spouse's county)
• Gather all financial documentation:
  • Recent pay stubs (last 2–3)
  • Last 2–3 years of federal and state tax returns
  • All bank and savings account statements
  • Investment account statements
  • Retirement account statements (401k, IRA, pension — marital portion)
  • Mortgage statement (balance, payoff, monthly payment)
  • Vehicle loan statements
  • Credit card and other debt statements
  • Business interest documentation (if applicable)
• List all marital property (acquired during marriage)
• List all separate property (pre-marital, gifts, inheritances) — keep records proving separate character

Phase 2 — Mutual Consent Path: Draft the Settlement Agreement

• Negotiate all terms with your spouse:
  • All marital real property (division or sale, equity split, refinancing)
  • All marital financial accounts (bank, investment, retirement)
  • All marital debts (assign; indemnification)
  • Separate property (confirm stays with original owner)
  • Alimony (type, amount, duration — or written waiver)
  • If children: legal custody, physical custody, parenting schedule, child support
• Draft the Settlement Agreement
• Both spouses sign the Settlement Agreement (notarization recommended)

Phase 3 — Complete Required Forms

• Download post-2023 forms from mdcourts.gov/legalhelp/familylawforms:
  • Complaint for Absolute Divorce (use current 2023+ version)
  • Domestic Case Information Report
  • Summons (if serving Defendant)
  • Acceptance of Service (if Defendant will sign voluntarily)
  • Financial Statement (if alimony is at issue)
  • Child Support Worksheet (if minor children)
  • Parenting Plan (if minor children)
• Attach signed Settlement Agreement (mutual consent path)

Phase 4 — File at Circuit Court

• Make 3+ complete copies of the packet
• File at the Circuit Court clerk's office
• Pay the $165 filing fee
• Receive case number

Phase 5 — Service

• Mutual consent: Defendant files Acceptance of Service OR is formally served
• 6-month separation: serve Defendant via certified mail, sheriff, or process server
• Confirm proof of service is filed with the court

Phase 6 — The Hearing

• Schedule the final hearing with the court
• Both spouses attend (mutual consent — both typically attend)
• Bring originals and copies of all filed documents
• Provide brief testimony
• Judge enters Judgment of Absolute Divorce
• Request certified copies of the Judgment (get 3–5 copies)

Phase 7 — Post-Divorce

• Name restoration: File with SSA → Maryland MVA → bank accounts
• Real estate: Prepare deed (Deed of Conveyance / Special Warranty Deed) → record at county land records office
• Vehicles: Maryland MVA title transfer
• Retirement accounts: QDRO for employer plans; IRA transfer for IRAs
• Beneficiary designations: Update all — 401k, IRA, life insurance, annuities
• Health insurance: Arrange new coverage within COBRA window (60 days)

Quick Reference — 2023 Reform

Last reviewed: March 2026 | Use only post-2023 forms from mdcourts.gov | Mutual consent = fastest path — no separation required

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