Click the question to reveal the answer
This guide covers the most common questions you will have if faced with a divorce case in Maryland. The answers to some of the questions are a bit more complex. So we tried to give a “short answer” to each question before the longer (and more complete) answer. If the topic is really involved, we link to a separate blog post on our website that explains the issue in greater detail.
You can get the basic information from the short answer, but we do recommend you read the long answer too so you know the details. This stuff isn’t always easy to explain in a few sentences.
This guide was written by Nasheia Conway, a Waldorf family law attorney at Southern Maryland Law - Andrews, Bongar, Gormley & Clagett in Waldorf, Maryland.
Our Best Advice: This guide contains general information about Maryland divorce law as a helpful resource for the public. Simply reading this guide does not create an attorney-client relationship with our law firm.
Reading this guide is no substitute for hiring an attorney. If you have any serious legal issue, you should get personal advice from an attorney who understands the unique facts of your situation.
We hope you will choose us to handle your Maryland divorce case. If not, at least talk to another attorney who knows what they are doing. That is the best advice we can ever give you.
Short answer: Probably not.
Longer answer: A divorce is the termination of a marriage relationship. An Annulment means the relationship never legally existed.
It is extremely hard to get an annulment in Maryland. You must essentially prove that your marriage was induced by fraud, or that you literally did not know what you were doing.
Some people think they can get an annulment within a certain short time period, or if the marriage was never consummated. That may be true in other states, but it is not true in Maryland.
Short answer: Because marriage is a contract, and you need proper legal reasons to get out of a contract. But as of October 1, 2023, it is now a lot easier than it used to be.
Longer answer: Marriage is more than a relationship in the eyes of the law. Legally speaking, marriage is a contract, just like any other.
You can only get out of a contract if you have the proper legal reasons to do so. Divorce is the legal end of the marriage contract, so you need the proper legal “grounds” to get a divorce.
The term grounds essentially means “reasons.” You must prove you have a good enough reason (in the eyes of the State of Maryland) to be granted a divorce.
The state of Maryland regulates and controls marriage. You need a license for it.
Just as the state regulates the beginning of marriage, they regulate the end of it. Maryland, like many other states, dictates the proper grounds for being able to get out of a marriage.
However, as of October 1, 2023, Maryland has simplified the grounds you need for a divorce. It used to be complicated and it provoked a lot of fighting. Not any more. You can see below for more on the 2023 grounds for divorce in Maryland.
There are a lot of things you can do to reduce the negative impact of divorce on the lives of you and your children. Click here to read our post explaining ways you can ease the pain and expense of divorce in Maryland.
As of October 2023, Maryland recognizes several "no fault" grounds for divorce. This means you do not have to prove things like adultry or desertion. The hope is that this dramatically reduces the fighting inherent in a divorce.
But you do still have to prove you have one of these grounds for your divorce:
- Six month separation, which no longer means you have to leave the house. It just means you have pursued separate lives. You can do this while living together in the same house. It is unclear what actions will prove you mean to be separate, but probably something like staying in separate bedrooms is a good idea.
- Irreconcilable differences. This is the famous no fault ground from other states. It basically means whatever you want it to mean. If you have differences, and you can't reconcile them, you can probably use this ground for divorce. It will probably be given a broad definition. We don't believe the courts are going to fight you if you claim this ground.
- Mutual Consent – Maryland is keeping this no-fault ground they have had for years. It is only available to parties who have a signed separation agreement in place regarding the issues of property, debts and alimony, as well as custody and child support if you have minor children together. Only one party is required to appear in court to testify for the divorce, and you do not need a witness to corroborate your testimony. If this describes you, there is no need to separate and no waiting period. For more details, see the section on this law below.
Most couples start the divorce process with a separation. But now, they don't have to physically separate. They just have to prove they established separate lives.
These grounds can get complicated. Ask a Maryland divorce attorney if you think you have a ground for divorce.
Short answer: Yes, but it is not easy, and it may not help you anymore after the new laws of 2023.
Longer answer: Adultery is not easy to prove in Maryland. It was one of the most common fault based grounds for divorce, and the courts hated dealing with it because it is so messy and complicated to fight over in court. Plus it created a lot of fighting.
After October 1, 2023, you no longer need to prove adultry, or any other fault based ground, to get your divorce. So the only reason to do it is to get more alimony if the adultry was the cause of the marital breakup.
Maryland does continue to allow an analysis of who was at fault for breaking up the marriage when establishing alimony. If you would have continued married but for the adultry, then it might be smart to prove it to get more alimony. But you really have to ask a lawyer if that is so in your particular situation.
However, proof of adultry isn't easy. It requires proof of: (a) Opportunity to commit it, and (b) Inclination to commit it. It requires a corroborating witness.
Maryland courts have placed a rather high bar on proving these two circumstances. The courts make this difficult to prove on purpose. They don’t want to hear contested adultery claims if they can avoid it.
Disputes over adultery are typically messy and bitter. If you are in this situation, you should ask a Maryland divorce attorney for advice.
In 2015, Maryland passed a new statute creating a new “ground” for divorce, but it has seen many changes since its inception in 2015. It is limited to certain circumstances, so it is not available for everyone.
If it is available to you, it can eliminate the need to separate, dramatically reduce the waiting time for your divorce, and reduce the opportunity for ugly fights.
If you have a signed separation agreement in place that resolves all marital issues, including the issues of property, debts and alimony, as well as custody and child support if you have minor children together, then you can get a divorce in Maryland with no waiting time for separation.
There will always be the waiting time that comes with the court process, however, but you won’t have to go through the six month separation period before you even file with the court.
Both parties are NOT required to be present in court for your final divorce hearing, and you do not need a witness to testify on your behalf.
This new Maryland law should motivate more couples to reach that amicable separation agreement we push for. It is a requirement that you have all the financial details worked out and agreed to before you file for divorce by mutual consent.
Here is a step-by-step guide to the process you will go through in a Maryland divorce case.
Step 1: Consult an Attorney
The first thing you should do is consult with an attorney familiar with Maryland divorce law. This point bears repeating – the right answers for your divorce depend on the specific facts of your unique situation.
Those details can make a big difference in the advice your divorce attorney will give you.
If you intend to get a divorce in Maryland on the basis of any ground other than separation, evidence is needed to prove your case. Do not try to do this on your own before consulting an attorney. The rules are complicated, and way beyond the scope of this article.
You should not try to handle your own divorce if you can afford even minimal legal assistance. At the very least, get some good advice during a consultation.
Step 2: Separate
Separating is legally necessary to get a divorce based on one year separation in Maryland. It is also a good idea even if you have one of the other grounds for divorce. (Of course, we understand it may be hard to do in certain circumstances, but it is almost always a good idea to separate when going through a divorce process.)
For a Maryland divorce based on one year separation, you must be separated the entire year before you can even file the final divorce action. That one-year clock will not start ticking until one spouse moves out.
However, before you move out, consult an attorney about the consequences.
It may negatively affect child custody, your ability to keep the marital home, and who retains certain property. You should always consult an attorney before separating, if that is possible.
A year is admittedly a long time to wait for your divorce. However, there is a lot to do in that year. Now is the time to try and work out the legal issues raised by a divorce, so the eventual divorce hearing can be uncontested, or at least go smoothly.
Step 3: Try to Reach a Separation Agreement
Most couples use this year of separation to attempt negotiations, which hopefully lead to a formal Separation Agreement.
The Separation Agreement sets out the terms of settlement between you and your spouse. It is a negotiated agreement – not one dictated by the court. Those terms will be adopted by the court when granting the final divorce. That gives the agreement the power of a court order, and it can be enforced the same way as any other court order.
A Separation Agreement is simply a contract between spouses that covers all the legal issues raised by your divorce. It covers assets and debts, the house, the kids, visitation schedules, etc.
It can be as detailed as you like.
This process works best if each spouse has their own attorney, and the attorneys negotiate the terms of the separation agreement for you.
Most couples cannot go through this process themselves. It is too emotional. An attorney’s advice during this time is priceless.
Even if the two of you can negotiate without help, you should still see a divorce attorney for advice, and to write up the final agreement.
You will never know if you are getting a fair deal without good legal advice. If your agreement is defective the court could reject it, or be unable to enforce it later.You really are playing with fire to try this on your own.
There are many ways an agreement can be reached in your Maryland divorce case. The parties can agree with only the help of their attorneys, or they can use a trained mediator to reach an agreement.
Courts are pushing mediation these days. They may order it in your case. The mediator can sometimes help reach an agreement even if one spouse is being unreasonable.
Step 4: File Your Lawsuit
In Maryland, divorce is a cause of action that requires a lawsuit.
If you are unable to reach a separation agreement with your spouse, you must file suit in the Circuit Court. Your claim will be for divorce, and you will have to go through all of the usual court proceedings on the way to trial.
However, what many people do not know is that you will have to file suit against your spouse even if you have a Separation Agreement!
In order to get the divorce under Maryland law, you must file a formal legal action in court. This is technically a lawsuit against your spouse. The Maryland court will grant the divorce only after you prove your grounds, usually with testimony.
However, the process is much faster and easier if you have an agreement and your divorce is uncontested.
Step 5: Give Testimony To Validate Your Grounds
Even in an uncontested case, you must give formal testimony providing proof you have the proper legal grounds for divorce under Maryland law.
You will also need a witness who can confirm that your testimony is accurate.
This can be done in court, but it can also be done through a hearing examiner, who is a lawyer appointed by the court to take this testimony. That may be more convenient, but is only available if the divorce is uncontested. The examiner will forward a copy of your testimony to the court for approval of your divorce.
Step 6: If You Cannot get a Separation Agreement – Trial
If you and your spouse are unable to reach an agreement, you will have a trial in court.
Your trial may be in front of a Judge, or it may be in front of a Master of Domestic Relations. Masters are like Judges, but a Judge must approve the decisions they make. Trials before either one are a formal court proceeding like any other. They can last as long as necessary and you can call witnesses and present evidence.
Trials in Maryland domestic relations cases are painful for all concerned, but sometimes it is the only way to resolve your case.
At the end of the trial, the decisions regarding your life will be made by a Judge or Master who has never met you before, and only on the basis of what comes out at trial.
Trials in Maryland divorce cases are best avoided if you can get a fair resolution without one. It is less messy, less emotional, and can be less expensive.
But sometimes that just isn’t possible. You should always be prepared to go to trial, if only to force your spouse to negotiate fairly. The threat of trial, and the knowledge you have a competent attorney who will represent you well at trial, will usually force your spouse to be realistic and reasonable.
Believe it or not, there are some pretty serious things the court cannot do in a family law case. Read our detailed post explaining what some of these things are by clicking here.
Step 7: Get Your Final Order of Divorce
You do need a formal, written document signed by the court to get your divorce.
Only after that document is signed by a Judge, and the 30-day time limit in which to file an appeal has run out, are you actually and finally divorced under Maryland law.
If you have a contested trial, the final Order of divorce comes after a hearing, and after the Judge or Master has considered all the evidence and testimony.
If you have an uncontested divorce in Maryland, this will come once the court reviews your case and your testimony. The court will pass an Order granting the divorce that includes the terms of the Separation Agreement.
Short answer: Equitably, not just 50/50.
Longer answer: Contrary to popular belief, assets are not always divided equally at the end of your divorce case – at least in Maryland. That happens in states that have “community property” laws (meaning once you say “I do”, each spouse owns all the assets of the other spouse).
Two of the biggest community property states are New York and California, which is where most high profile celebrity divorces occur. People read about those divorces in the news, and many people assume the automatic 50/50 division is the law everywhere.
Maryland is an “equitable distribution” state when it comes to divorce. Maryland divorce law recognizes the concept of “marital property.”
Maryland divorce courts will force a fair division (not necessarily an equal division) of all “marital property”.
Marital property is all property acquired by one or both parties during the term of the marriage. The term of the marriage is from the moment you are officially married to the moment the court grants the divorce. Debts are generally treated the same way as assets. Debts acquired during the term of the marriage will be equitably divided – at least those acquired for the benefit of both spouses.
And of course, there are exceptions to this general rule. Ask your attorney.
Therefore, assets or debts you bring into a marriage remain yours alone after the divorce, under Maryland law. Personal belongings acquired before the marriage remain yours alone. Gifts or inheritances given to you alone also remain yours despite the divorce. All property directly traceable to these types of property (if you used your inheritance to buy a boat, for example) remain yours alone despite the divorce.
However, there are exceptions to this general rule, so ask a Maryland divorce attorney if you have this issue.
The real trick to analyzing marital property is figuring out what is what. Once people get married, they tend to combine their assets and debts. There is always growth in the value of assets during the term of the marriage. It becomes difficult to figure out what is marital property and what is not.
In fact, it can be extremely complicated, and that is why you really need the assistance of a Maryland family law attorney to figure this out.
To make things worse, a divorce court in Maryland will not usually order property transferred. They will usually give one spouse a monetary award, which is enforced like any other monetary judgment given by the court. That may require garnishing property, wages, etc. It can be very messy (and expensive).
Rather than going through this exercise, most people going through a divorce in Maryland negotiate one asset or debt for another so they don’t have to be divided at all.
This makes more sense, if you can do it in a fair manner. Yet it is still a complicated process, no matter how you do it.
Read our post here about some things you should NOT do regarding property during your divorce.
Retirement Accounts
Retirement accounts that qualify as marital property are subject to being divided in a Maryland divorce proceeding just like any other property. The trick is to figure out how much is marital property and how much is not.
Retirement accounts have a special problem.
Most cannot legally be divided now, at least not without incurring huge tax penalties. In these situations an attorney can put together a complicated document called a Qualified Domestic Relations Order (QDRO, often called a “quadro”), which instructs the holder of the retirement account how to disburse it when the time comes to do so.
We usually ask a specialist attorney to do QDRO’s in our cases, since they involve complex tax law. This assures the QDRO is done right and is enforceable when the time comes – which may be years from now.
The House
Contrary to popular belief, you may not be forced to sell your house, at least not at first. One spouse can take it over and refinance it in their name alone.
In Maryland, the divorce court also has the power to award “use & possession” of the house to one party for up to three years from the date of the divorce.
Use and possession of a family home is often given to the custodial parent of minor children, so the children can remain in the house.
But eventually the house will be sold and the proceeds will be divided, unless you and your Ex can agree otherwise. However, be aware that divorce may make refinancing your house significantly more difficult.
Tax Considerations
Yes, divorce does affect your taxes and it is something you should consider when resolving your divorce case.
Click here to read our post explaining some of the tax issues you will encounter in a divorce case. Also, remember that child custody also affects taxes, and which spouse will get the tax deductions for the children. Read our post here explaining the details of that issue.
Short answer: Yes, but only in certain circumstances.
Longer answer: Under Maryland law, alimony is a payment from one spouse to the other spouse in order to help the second spouse become self-supporting.
Alimony can be awarded during or after a divorce in Maryland. It is not legally appropriate in every divorce case, however.
Whether or not you get alimony is going to depend on the specific and unique facts of your case. Each situation is different.
The court really looks at alimony requests on a case by case basis. An attorney familiar with your local courts can tell you if alimony is likely to be awarded in your case.
Short answer: No.
Longer answer: Palimony is not actually a legal term of art (like alimony). It is a term coined in the media. It means Alimony that is paid to a pal, or girlfriend or boyfriend.
The situation is this:
The parties are not married, but are living together in a marriage-like relationship. This is called a common law marriage.
Maryland does not recognize common law marriage, nor does it recognize a non-married couple’s right to alimony upon a break-up of the relationship. You must have been married to receive alimony in Maryland.
An attorney is vital if you are going through a divorce in Maryland. We are not just saying that to drum up business.
The best advice for you depends on the specific facts of your unique situation.
The process of divorce in Maryland can be a complex maze, and you may need a guide. It is impossible to tell you in some article how these general rules will affect you personally.
That is just the way it is with Maryland domestic relations laws. We have to know your particular situation. And there are always exceptions to these rules. We cannot possibly cover every issue in this guide.
Also, keep in mind that you are going to be more emotional during this time. It helps to have someone who is more objective advising you of the best course of action for the long term.
An attorney is an objective counselor who is on your side. He or she has been through this before, and their experience will help guide decisions in your Maryland divorce case.
An attorney will also know what the local Judge will most often do in your situation, and you can decide to go to trial or settle accordingly. Knowing what a Judge or Master is likely to do in a divorce case like yours is an important consideration affecting the advice you will receive.
We would never advise anyone to try and handle their Maryland family law case on their own. Too much is at stake.
However, you may not be able to afford a lawyer. If you cannot afford to hire a Maryland divorce lawyer, you should still get a consultation for advice. Most divorce attorneys charge a reasonable consultation fee for an hour of their time. That is well worth the money.
If you cannot hire an attorney after the consultation, there are forms you can fill out to get a divorce in Maryland. We do not advise this if you can afford a divorce attorney by any other means, but you can do it yourself if you really don’t have the money.
The Clerk of the Circuit court will have the forms for you but cannot give you legal advice. These forms are also available online at Maryland Court Forms. For more informations see the Maryland People’s Law Library on Divorce.
Another option is the free family law clinic at the courthouse. This is sponsored by the local bar association. A local attorney with experience in family law will be at the courthouse and willing to meet with people to give some free advice. You should call the courthouse and ask them about the next available date.
While we cannot quote an exact fee until we meet with you and assess your situation, we can promise you some measure of certainty in your legal costs. During the initial consultation we will quote you a retainer and hourly rate. See our post What to Bring to Your Initial Consultation.
We have a ton of other resources for our clients about divorce law & the legal process. Click this link to our Client Resources page for an in depth explanation of everything you need to know.
Get More Free Legal Advice!
Like free legal advice? We have a LOT more of it available right here on our website. Click this link to discover all of the free legal advice we offer in blogs, videos, newsletters, social media, etc. We think you should always know your options, be informed, and protect yourself when facing any legal issue. Use this website as a community resource. It is part of how we give back to our community!
If you have a legal issue things you do now will affect your case later. You should always know your options and be informed before you make major decisions about your legal case.
