Maryland Family Laws

At least one party must have resided in Maryland for at least 6 months before filing. If the grounds occurred in Maryland, there is no minimum residency requirement.

The filing fee for a divorce complaint in Maryland circuit court is approximately $165.

Maryland eliminated all fault-based divorce grounds (adultery, desertion, cruelty, etc.) and limited divorce. Three grounds remain: (1) 6-month separation (spouses may be under the same roof if leading separate lives), (2) irreconcilable differences (no separation period required), and (3) mutual consent. This was the most significant change to Maryland divorce law in decades.

Maryland divides marital property equitably (not necessarily 50/50). Courts consider monetary and non-monetary contributions, duration of marriage, age and health of parties, circumstances leading to estrangement, and the value of all property interests. Only marital property (acquired during marriage) is subject to division.

Courts consider multiple factors including ability to be self-supporting, time for education/training, standard of living during marriage, duration of marriage, contributions of each party, age, health, and financial needs. Indefinite alimony may be awarded if the party cannot become self-supporting or if the standards of living would be unconscionably disparate.

Maryland uses the "best interests of the child" standard. The 2023 reform requires divorcing parties to develop a parenting plan covering custody, visitation, and support. Courts consider the fitness and character of each parent, the child's preference (if old enough), ability of parents to communicate, and any history of abuse.

Maryland uses an income shares model considering both parents' incomes, number of children, health insurance costs, childcare expenses, and extraordinary medical expenses.