Am I Eligible to File for Divorce in Maryland? (2026)

Maryland's 2023 divorce law overhaul significantly changed the eligibility landscape. Use this guide to confirm your path.

Disclaimer: General legal information only. Consult a licensed Maryland attorney for your situation.

Section 1 — Residency

Maryland requires one of the following:

• You or your spouse currently live in Maryland — and the grounds for divorce occurred in Maryland → ✅ Eligible
• You or your spouse have lived in Maryland for at least 6 months — and the grounds occurred outside of Maryland → ✅ Eligible
• Neither spouse lives in Maryland → ❌ File in the state where either spouse lives

File at the Circuit Court in the county where you OR your spouse lives.

Section 2 — Choose Your Ground

Mutual Consent (Fastest Path)

Available when:

• Both spouses agree the marriage is over
• Both spouses have signed a Settlement Agreement covering ALL issues (property, debts, alimony, and if applicable: custody, parenting plan, child support)
• Neither spouse intends to ask the court to modify the Settlement Agreement at the hearing

→ No separation period required. File immediately.

6-Month Separation

Available when:

• You and your spouse have lived in separate residences for at least 6 months
• Note: Living separately in different rooms of the same house does NOT qualify

→ Either spouse can file; no agreement needed.

Irreconcilable Differences (New in 2023)

Available when:

• Either spouse asserts the marriage has broken down with no prospect of reconciliation
• Both spouses are before the court (or service has been completed)

→ No separation required; parties do not need to agree.

Section 3 — Absolute vs. Limited Divorce

Are you seeking absolute divorce? (Terminates the marriage, divides marital property, can award alimony) → Most people want this.

Are you seeking limited divorce? (Does NOT terminate the marriage, can award alimony and custody but NOT divide marital property; marriage continues legally)

This guide covers absolute divorce. If you are unsure, you almost certainly want absolute divorce.

Section 4 — Marital Property Assessment

Maryland divides marital property only — not separate property. Before filing:

Marital property (subject to equitable division):

• All property acquired by either spouse during the marriage
• Income earned during the marriage
• Retirement contributions made during the marriage

Separate property (generally protected):

• Property owned before the marriage
• Gifts received by one spouse from a third party
• Inheritances received by one spouse
• Property specifically excluded by a valid prenuptial agreement

Identify which assets fall into each category. The Circuit Court divides marital property equitably — not necessarily equally.

Section 5 — Children

If minor children are involved:

• A Parenting Plan addressing legal custody, physical custody, and visitation is required
• Child support must be calculated using the Maryland Child Support Guidelines (income shares model)
• Both parents may be required to complete a parenting class

Section 6 — Alimony Assessment

Maryland recognizes three alimony types:

• Rehabilitative alimony — temporary support while the recipient gains self-sufficiency
• Indefinite alimony — long-term support; awarded when one spouse cannot reasonably become self-supporting OR standard of living disparity is unconscionable
• Both — rehabilitative alimony transitioning to indefinite

If both spouses agree on alimony terms, include them in the Settlement Agreement. If waiving alimony, include a written waiver.

Last reviewed: March 2026 | 2023 reform — fault grounds eliminated | Mutual consent requires signed settlement agreement | mdcourts.gov/legalhelp/familylawforms

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