Maryland Divorce: Frequently Asked Questions
Current answers, reflecting the law as it changed in October 2023.
Maryland’s divorce law changed substantially on 1 October 2023. A great deal of what circulates online still describes the old framework, so start here.
Does Maryland still have limited divorce or legal separation?
No to both. Limited divorce was repealed in its entirety, and Maryland has never had a legal separation case. There is nothing to file to become legally separated. Spouses who want to settle their affairs short of divorce do so by written agreement, which is a contract rather than a court status.
What are the grounds now?
A six month separation, irreconcilable differences, and permanent legal incapacity to consent. Mutual consent is a separate pathway where the spouses sign a complete settlement agreement. Adultery, desertion and cruelty are no longer grounds. See grounds for divorce.
Do we have to live in separate homes for six months?
No. Since the 2023 changes, spouses who are genuinely pursuing separate lives can satisfy the six month separation while living under the same roof. This matters for families who cannot afford two households during a divorce.
How long do I have to live in Maryland to file?
One spouse must be a Maryland resident. If the ground for divorce arose outside Maryland, one of you must have lived here at least six months before filing.
How long will my divorce take?
It depends on whether it is contested. A mutual consent divorce has no waiting period and often needs one short hearing. A contested case in Baltimore County follows the court’s case management tracks, and the court’s stated goal is to conclude most family cases within a year of filing. See the divorce process.
Does misconduct still matter?
Not as a ground, but yes elsewhere. The circumstances that contributed to the breakdown of the marriage remain a factor in alimony and in whether a monetary award is equitable. Conduct affecting the children is relevant to custody.
Is Maryland a 50/50 state?
No. Maryland is an equitable distribution state, not a community property state. The court identifies and values marital property and then decides whether a monetary award produces a fair result, which is not always an equal one. See property and debt division.
Who gets the house?
It depends on the equity, the rest of the marital estate and whether minor children live there. Options include sale, a buyout, or a deferred sale. Where there are minor children the court can address use and possession separately from ownership.
Will I have to go to court?
Usually only briefly, if you settle. Most cases resolve by agreement, and even a mutual consent divorce needs a short hearing. Contested cases involve more appearances.
Can one lawyer represent both of us?
No. One attorney cannot represent both spouses. If your spouse’s attorney drafted the agreement, have your own attorney review it before you sign.
What does a divorce cost?
It depends almost entirely on how much is contested. An uncontested case with a complete agreement is a fraction of the cost of a case with disputed custody and a business to value. The consultation is free, and cost is a reasonable thing to ask about directly.
Talk with a Towson attorney
The Law Office of Thomas K. Mallon, LLC offers a free consultation. 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 situation.