The Maryland Divorce Process, Step by Step

Most people arriving at a first divorce consultation want the same thing: a clear picture of what is about to happen and roughly how long it will take. This page walks through a Maryland divorce from the first conversation to the judgment, and points to deeper explanations at each stage.

Two things are worth saying at the outset. First, since October 2023 Maryland has only one kind of divorce, absolute divorce. Limited divorce was repealed, and Maryland has never had a legal separation case. Second, the great majority of cases resolve by agreement rather than by trial, so much of the work is directed at reaching a fair settlement rather than at winning a hearing.

1. Consultation and preparation

Before anything is filed, the useful work is gathering information: recent tax returns, pay records, account statements, retirement statements, mortgage and loan documents, a list of significant assets and debts, and, if there are children, a realistic picture of the current schedule.

This is also when the strategy question gets answered. If the two of you broadly agree, the goal may be a written agreement and a mutual consent divorce. If not, the case will be built differently from the start.

2. Confirming the ground and residency

Every complaint has to state a ground. Maryland’s grounds include a six month separation, irreconcilable differences, and permanent legal incapacity to consent, with mutual consent available as a separate pathway when there is a signed settlement agreement.

Residency also matters. If the ground for divorce arose outside Maryland, one spouse must have lived in Maryland for at least six months before filing. See grounds for divorce in Maryland.

3. Filing the complaint

The case begins when a complaint for absolute divorce is filed in circuit court, along with the required financial and child related forms and the filing fee. For Baltimore County residents that is usually the Circuit Court for Baltimore County in Towson. Fee waivers are available based on income.

4. Service on the other spouse

The other spouse has to be formally served, generally within 60 days of filing. Maryland allows service by the sheriff, by a competent adult who is not a party to the case and who files an affidavit, or by certified mail with restricted delivery. Proof of service goes back to the court.

The responding spouse then files an answer, and may file a counter-claim. The deadline is 30 days if served in Maryland, 60 days if served elsewhere in the United States, and 90 days if served outside the country. If no response arrives, the filing spouse can ask the court for an order of default. See filing, service and response.

5. Temporary arrangements while the case is pending

A divorce takes months. Families cannot always wait that long to know who pays the mortgage or where the children sleep on a Tuesday. Either party can ask for temporary relief, called pendente lite, covering temporary child support, spousal support, custody and access, and use and possession of the family home.

These hearings are focused and evidence driven, and the resulting order governs until the case is finished. See temporary orders and pendente lite hearings.

6. The scheduling conference

In contested cases the court holds a scheduling conference, typically before a magistrate, after the first answer is filed. The court identifies the genuinely contested issues, assigns the case to a case management track based on complexity, sets deadlines, and often refers the parties to mediation or other family services at that point.

7. Discovery and financial disclosure

Discovery is the formal exchange of information. It can include interrogatories, requests for documents, depositions, subpoenas to employers or financial institutions, and expert involvement where a business or a pension needs valuing.

Complete and honest disclosure is not optional, and incomplete disclosure is one of the most common reasons a case becomes expensive. See discovery and financial disclosure.

8. Mediation and negotiation

Baltimore County refers many family cases to mediation, and custody and visitation disputes in particular. Mediation is not binding, and it does not replace independent legal advice, but it resolves a large share of cases at a fraction of the cost of trial.

Where the parties reach terms, those terms are written into a settlement agreement. See mediation and negotiated settlement and separation and marital settlement agreements.

9. Settlement conference or trial

Before a merits trial, contested cases typically go to a settlement conference. If issues remain, the case is heard on the merits. The court takes evidence on the disputed questions, which may include custody, support, alimony, and the identification and valuation of marital property.

See contested divorce and property and debt division.

10. The judgment of absolute divorce

The court enters a judgment of absolute divorce. It ends the marriage and resolves the issues before the court, whether by approving the parties’ agreement or by deciding the contested points. A settlement agreement may be merged or incorporated into the judgment, which affects how it is later enforced or modified.

11. After the divorce

Some obligations continue. Retirement accounts may need a separate order to divide. Deeds, titles, beneficiary designations and estate planning documents usually need updating. Custody and support can be revisited later if there is a material change in circumstances.

See enforcing or modifying an order and estate planning.

How long does a Maryland divorce take?

It depends on complexity and on the court’s case management track. A straightforward uncontested case moves considerably faster than a contested case with disputed custody or a business to value. The Circuit Court for Baltimore County publishes case management targets by track, and the county’s stated goal is to conclude the large majority of family cases within a year of filing.

For local timing and court context, see Baltimore County divorce and family law.

Official Maryland resources

• Maryland Courts, divorce
• Maryland Courts family law forms
• 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.