PRACTICE AREAS
Learn more about DIVORCE
A Few Preliminary Notes: The answer to nearly every question related to family law often starts with, “It depends…” This is because the application of the law in family law matters depends on various factors, many of which are unique to each situation. Family law issues rarely have clear-cut answers, and no attorney can guarantee a specific outcome. If anyone tells you your case is a “slam dunk,” it’s a good idea to seek a second opinion. Be cautious about the advice of friends and family as well—they may have good intentions, but their experiences may not apply to your specific circumstances.
The answers below provide general information based on Maryland law and our experience with divorce cases. Our goal is to help you understand the fundamental aspects of divorce in the state of Maryland.
FREQUENTLY ASKED QUESTIONS
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In Maryland, you can file for divorce when you meet the residency requirements and have grounds for divorce.
Residency Requirements: To file for divorce in Maryland, either you or your spouse must be a resident of the state for at least one year before filing. If the grounds for divorce occurred in Maryland, this requirement may be waived.
Grounds for Divorce: As of October of 2023, Maryland set aside the previous fault-based divorce statutes and converted to no-fault grounds for divorce. The no-fault grounds for divorce in Maryland are:
Irreconcilable differences – There are differences in the marriage that make the continuation of the marriage untenable.
Six-month separation – The parties have not lived under the same roof or engaged in marital relations for at least six months.
Mutual Consent – There is a written agreement between the partes resolving all issues arising out of the marriage and both parties want a divorce. If you qualify for a divorce on the grounds of mutual consent, the case will automatically be scheduled for an Uncontested Divorce.
The divorce process in Maryland can begin as soon as the residency requirements and grounds are met.
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The length of time a divorce takes in Maryland depends on several factors, including whether the divorce is contested or uncontested:
Uncontested Divorce: If both spouses agree on all issues (such as property division, alimony, and custody), the divorce process can be completed in as little as 2 to 3 months, assuming there are no complications or delays. An uncontested divorce generally involves less paperwork and fewer court appearances.
Contested Divorce: If the spouses do not agree on one or more issues, the divorce process can take several months to over a year. The time frame for a contested divorce depends on the complexity of the issues involved, whether settlement negotiations are successful, and how busy the court’s schedule is.
Factors that can lengthen the divorce process include but are not limited to the county in which the divorce is filed, complex child custody disputes, and the need for expert evaluations.