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Maryland Divorce Laws
Skip to...(7-103)
Under Maryland divorce laws, you can obtain a "no fault" divorce in one of two ways. One is where both spouses mutually agree to separate and have been living separate and apart for twelve (12) months. The other is where the two spouses live separate and apart for two (2) years without interruption, whether or not both spouses agree. In addition to no fault grounds, Maryland also has the following fault grounds:1. Adultery
2. Desertion if it has continued for twelve (12) months without interruption, it is deliberate and final, and there is no reasonable expectation of reconciliation.
3. Conviction of a crime if the defendant has been sentenced to serve at least three (3) years or an indeterminate sentence in a penal institution and has served at least twelve (12) months of the sentence;
4. Insanity; or
5. Cruelty or excessively vicious conduct toward the complaining party is there is no reasonable expectation of reconciliation.
(7-101)
Maryland laws require at least one party to have resided in the state of Maryland for one (1) year before the divorce forms are filed, if the grounds for divorce occurred outside the state. If the grounds for divorce occurred within the state of Maryland, there are no residency requirements but at least one spouse must be a resident of the state of Maryland.
The divorce forms may be filed in the Maryland county where either spouse resides.
There is no specified waiting period under Maryland laws before the final divorce hearing may be held in Maryland. How long it takes to obtain a hearing will depend on the backlog of the court where you file the divorce. Uncontested divorce hearings will generally be able to be heard before a contested divorce trial but this depends on your court and it still might be several weeks or even months before you can get an uncontested divorce hearing.
Learn more about the divorce procedure.
If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.
© Help Yourself Divorce 2002-2008
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.
This information has been summarized from the Maryland statutes. You can find the full-text version of these and other Maryland divorce statutes online here: Maryland Divorce Laws (when you get there, click on "Maryland Code" then "Family Law").
