Maryland Divorce Lawyers

Key Takeaways

• Maryland now has one form of divorce (absolute divorce) and three grounds: six-month separation, irreconcilable differences, and mutual consent.
• Spouses using the six-month separation ground may live under the same roof if they pursue separate lives; the six-month period is not a universal waiting period for every divorce.
• An uncontested divorce generally means the spouses have resolved the issues that must be addressed, whereas a contested divorce leaves one or more issues for negotiation, motion practice, or a court decision.
• As of September 2, 2026, Maryland’s Circuit Court fee schedule lists a $165 filing fee for a divorce complaint; the total cost depends on the work required in the particular case.

A Maryland divorce lawyer can help you identify the legal ground that applies, understand the issues that must be resolved, and move your case through the Circuit Court process. Maryland currently recognizes three grounds for divorce (six-month separation, irreconcilable differences, and mutual consent) and eliminated limited divorce and traditional fault grounds in 2023. 

Our compassionate Maryland divorce attorneys here at Oliveri & Larsen help clients evaluate settlement, mediation, and litigation options involving property, alimony, custody, and support.

What Are the Grounds for Divorce in Maryland?

Maryland permits an absolute divorce on only three current grounds. Under Maryland Family Law § 7-103, those grounds are the following:

• Six-month separation. The spouses must have lived separate and apart without interruption for at least six months before filing. They may still reside under the same roof if they have pursued separate lives.
• Irreconcilable differences. One spouse may seek divorce based on reasons stated for the permanent termination of the marriage.
• Mutual consent. The spouses must submit a signed written settlement agreement resolving alimony, property, and issues involving minor or dependent children, with the court reviewing child-related terms for the children’s best interests.

Effective October 1, 2023, Maryland eliminated limited divorce and removed traditional fault-based grounds such as adultery, desertion, cruelty, and certain criminal convictions as grounds for obtaining a divorce. The current framework is no-fault, although marital conduct can still be relevant to some financial or parenting issues under separate statutes.

Contested vs. Uncontested Divorce in Maryland

An uncontested divorce generally means the spouses have resolved the material issues in the case, such as property division, alimony, and any child-related terms. For a mutual-consent divorce, Maryland law specifically requires a signed settlement agreement that resolves those issues before the court may grant the divorce. 

A contested divorce exists when one or more issues remain unresolved. The disagreement may concern property, support, custody, parenting time, or another matter that must be settled or decided by the court. A spouse does not need the other spouse’s permission to seek divorce under irreconcilable differences or a qualifying six-month separation, but unresolved financial or parenting disputes can still make the case contested.

How Long Does a Divorce Take in Maryland?

There is no single Maryland divorce timeline that applies to every case. A case with complete filings and a full agreement can move more efficiently than one involving service problems, discovery, property valuation, custody disputes, motions, or trial. Court scheduling also affects how quickly a hearing can occur.

The six-month separation ground should not be confused with a mandatory waiting period for every divorce. The six months must be satisfied before filing only when a spouse relies on that specific ground; mutual consent and irreconcilable differences are separate grounds under the statute.

How Much Does a Maryland Divorce Cost?

Maryland does not set one total price for a divorce. The Circuit Court fee schedule effective September 2, 2026, lists a $165 fee for filing a divorce complaint. Other expenses can depend on the case, including service of process, attorney time, mediation, discovery, depositions, appraisals or valuations, and court hearings.

Because those variables differ significantly, a statewide attorney-fee range can be misleading. A matter in which the spouses have already resolved the major issues generally requires less legal work than a case that requires extensive discovery or trial preparation.

Before retaining a Maryland divorce attorney, ask how the firm structures fees, what retainer may be required, which costs are billed separately, and what stages are likely in your case.

Do You Have to Be Separated Before You Can File?

No. Separation is not required when a spouse files based on irreconcilable differences or when the parties qualify for mutual consent. If you rely on the six-month separation ground, however, you must satisfy that period before filing.

Maryland law now recognizes that spouses may pursue separate lives while living under the same roof, so moving into different residences is not automatically required.

Residency is a separate filing issue. If the ground for divorce occurred outside Maryland, the state requires at least one spouse to have resided in Maryland for six months before filing. 

Dividing Marital Property in a Maryland Divorce

Property division can be one of the most significant financial parts of a divorce. Under Maryland Family Law § 8-201, marital property generally includes property acquired by one or both spouses during the marriage, regardless of title.

Property acquired before marriage, by inheritance or gift from a third party, excluded by valid agreement, or directly traceable to one of those sources is generally non-marital.

If the spouses cannot agree, the court identifies and values marital property. Maryland does not require an automatic 50/50 division. Instead, state law requires the court to consider 11 statutory factors when deciding whether to make a monetary award or certain permitted transfers of property interests:

• Each spouse’s monetary and nonmonetary contributions to the well-being of the family
• The value of each spouse’s property interests
• Each spouse’s economic circumstances when the award is made
• The circumstances that contributed to the spouses’ estrangement
• The duration of the marriage
• Each spouse’s age
• Each spouse’s physical and mental condition
• How and when specific marital property was acquired and the effort each spouse contributed to accumulating it
• Certain contributions of non-marital property to real property held by the spouses as tenants by the entirety
• Any alimony award and provisions involving the family home or family-use personal property
• Any other factor the court considers necessary or appropriate to reach a fair and equitable result

A monetary award can adjust the spouses’ rights and equities when simply dividing or transferring property would not address the overall marital estate. Retirement accounts, real estate, family-use property, marital debt, and assets with mixed marital and non-marital components can require additional analysis.

Alimony, Child Custody, and Child Support in a Divorce

Alimony

Maryland courts may address temporary, rehabilitative, or indefinite alimony depending on the circumstances and the statutory factors. Alimony should be raised before the final divorce decree because a new request generally cannot be made after the divorce is final.

Child custody

Regarding child custody, divorce decree may address parenting time and decision-making authority for minor children. Maryland courts focus on the child’s best interests, and parents can often reach their own parenting agreement subject to court review. Disputes may require hearings or other family-court services.

Child support

Child support can also be addressed in a divorce. Maryland uses child support guidelines that account for parental income and other child-related financial information, and custody arrangements can affect the calculation.

A settlement involving child support must comply with applicable law and remains subject to the court’s review of the child’s interests. 

Collaborative Divorce and Mediation

Not every divorce needs to be resolved through a trial. Mediation allows spouses to work with an impartial mediator who helps them communicate and explore voluntary solutions; the mediator does not act as a judge or decide the dispute. Maryland Courts describes mediation as a voluntary, confidential form of alternative dispute resolution.

Collaborative divorce likewise focuses on negotiated resolution with the participation of the spouses and their lawyers; these processes can give spouses more control over the terms of a settlement and may reduce the number of issues that require court intervention.

A lawyer can help determine whether collaborative negotiation, mediation, direct settlement discussions, or litigation fits the circumstances of the case.

Same-Sex Divorce in Maryland

Maryland’s current divorce grounds and family-law framework apply to same-sex spouses as they do to other married couples. Same-sex divorces can involve the same questions about marital property, retirement assets, alimony, custody, and support, while some cases may present additional fact-specific issues involving property acquired before the marriage, parentage or adoption, or related estate-planning arrangements.

A Maryland divorce attorney can review how those facts affect the case under current law.

Maryland Divorce Client Reviews

⭐⭐⭐⭐⭐

I called about a very specific real estate situation. John Oliveri called me back at the time that was scheduled. He took time to listen to my case, did some research while I was on the phone (it was a time-sensitive matter), and cleared a lot of information up for me. Very professional.

— C.N.

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I contacted Mr. Oliveri thinking I might need his services. Upon asking me some questions, he discerned what I really needed was information. He then took a considerable amount of time out of his busy day to explain the topic to me in a manner I understood and to provide me with resources. Despite spending a lot of time helping me, he never charged me. It is the exceptional person who extends themselves like this to help a stranger. Mr. Oliveri is that person. 

— S.G.

⭐⭐⭐⭐⭐

John took time to explain the ins and outs of my case, never rushed me, answered all my questions accurately but realistically, and was extremely thorough considering all the “what if’s” I approached him with. Subsequently, my email follow-up was responded to quickly and in the same thorough, patient manner. I am glad to leave a review that helps anyone looking for a knowledgeable and patient attorney who is willing to advocate for his clients; find Mr. Oliveri! 

— K.H.

Maryland Divorce FAQs

Can I get divorced in Maryland if my spouse does not agree?

Yes. A spouse can seek divorce without mutual consent by using another ground that applies, such as irreconcilable differences or a qualifying six-month separation. If the spouses disagree about property, alimony, custody, support, or other terms, those issues may remain contested and require court resolution.

Is adultery still a ground for divorce in Maryland?

No. Adultery stopped being a ground for obtaining a Maryland divorce when the law changed on October 1, 2023. However, the circumstances that contributed to the spouses’ estrangement remain listed among the statutory factors a court may consider in property and alimony decisions, so conduct during the marriage can still be relevant depending on the issue.

Can spouses live in the same house during the six-month separation?

Yes. Maryland law states that spouses who pursue separate lives can satisfy the six-month separation ground even while living under the same roof. The facts should still support that they have actually been living separate lives during the required period.

Do I need a Maryland divorce attorney?

Maryland does not require every person to hire a lawyer for divorce, but legal representation can be particularly helpful when the case involves disputed custody, alimony, significant property, retirement assets, business interests, or a spouse who already has counsel.

Maryland Divorce Lawyers at Oliveri & Larsen Will Provide Practical Guidance for Your Maryland Divorce

The Maryland divorce lawyers at Oliveri & Larsen provide practical guidance for clients facing divorce, from evaluating the current grounds and preparing filings to negotiating settlement terms and litigating unresolved issues. Our experienced legal team understands how property, support, and parenting issues fit into the larger divorce process. Call us at 410-295-3000 or contact us online to schedule a consultation. We have offices in Annapolis, Maryland, and serve clients in the surrounding areas.