Maryland Divorce Attorney in Towson

Divorce in Maryland changed substantially in October 2023. The state no longer recognizes limited divorce, fault based grounds such as adultery and cruelty were removed as grounds, and there is no such thing as a legal separation case in Maryland. What remains is a single proceeding, absolute divorce, reached through one of a small number of grounds. Understanding that framework is the first step toward making good decisions.

The Law Office of Thomas K. Mallon, LLC represents people in Towson and throughout Baltimore County in divorce and related family law matters. This page gives you the overall map. Each section links to a fuller explanation.

How a Maryland divorce works

A Maryland divorce moves through recognizable stages: an initial consultation and document gathering, filing a complaint, service on the other spouse, temporary arrangements if the family cannot wait, exchange of financial information, negotiation or mediation, and then either a settlement approved by the court or a trial on the contested issues.

Most cases settle. A smaller number go to a merits hearing. Read the full walkthrough in our step by step guide to the Maryland divorce process.

Grounds for divorce

Maryland recognizes a short list of grounds for absolute divorce, including a six month separation, irreconcilable differences, and permanent legal incapacity to consent. Mutual consent is a separate pathway that depends on a signed written settlement agreement rather than on waiting.

One point causes constant confusion: since the 2023 changes, spouses can satisfy the six month separation requirement while still living under the same roof, provided they are genuinely pursuing separate lives. See grounds for divorce in Maryland.

Agreements and uncontested divorce

If you and your spouse can resolve the substantive issues, a written agreement usually produces a faster, less expensive, and more predictable outcome than litigation.

• Separation and marital settlement agreements, what they cover and why independent review before signing matters.
• Mutual consent and uncontested divorce, the route for spouses who have settled everything in writing.
• Mediation and negotiated settlement, including how Baltimore County courts use mediation.

When the case is contested

Some cases cannot settle at the outset, whether because of disputed custody, hidden or disputed finances, a closely held business, or a breakdown in trust between the parties.

• Contested divorce, how litigated cases actually proceed.
• Filing, service and response, the mechanics of starting or answering a case.
• Temporary orders and pendente lite hearings, for support and custody while the case is pending.
• Discovery and financial disclosure, the formal exchange of information.

Money and property

Maryland is an equitable distribution state, not a community property state. The court identifies and values marital property, then decides whether a monetary award is needed to reach a fair result. Title alone does not decide the question.

• Property and debt division, including retirement assets and the family home.
• High asset and business owner divorce, where valuation and disclosure carry more weight.
• Alimony and spousal support, the statutory factors and the limited circumstances for indefinite alimony.

Children

Custody and support are decided on the best interests of the child, and they are frequently the issues that determine how a divorce feels to the people living through it.

• Legal custody, physical custody, parenting plans and visitation
• Child support
• Enforcing or modifying an existing order

Where your case is heard

Divorce cases are filed in circuit court. For most people in this area that is the Circuit Court for Baltimore County in Towson. The court assigns family cases to differentiated case management tracks based on complexity, which affects how quickly the case reaches a scheduling conference, a temporary hearing, and a trial date.

See our Baltimore County divorce and family law page for local court context, or browse all service area pages.

Official Maryland resources

• Maryland Courts divorce information
• Maryland Parenting Plan Tool
• Maryland People’s Law Library, overview of divorce

Talk with a Towson family law attorney

Every divorce and custody matter turns on its own facts. The Law Office of Thomas K. Mallon, LLC offers a free consultation so you can get straight answers about your situation before you decide what to do next.

Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.

This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your case.