Ready to start your divorce? Download the Maryland divorce forms today and take the first step.
Get your divorce papersWhat Divorce Papers needs to be valid in Maryland
- Residency: You or your spouse must have lived in Maryland for at least 6 months before filing.
- Grounds for divorce: Acceptable grounds include mutual consent (with a written agreement), separation (12 months if no minor children, 12 months if minor children), or fault-based grounds like adultery, desertion, or cruelty.
- Completion of court-required forms, including the Complaint for Absolute Divorce and a Civil Domestic Case Information Report.
- Financial disclosures: You must exchange financial statements (Financial Statement (DR-31)) with your spouse.
- if there are minor children: You must attend a parent education class (Children First Program) and provide proof of attendance.
- Notarization: Some forms, like the settlement agreement, must be signed in front of a notary.
How to set up a Divorce Papers in Maryland
- Visit the Maryland Courts website to download the necessary divorce forms, or obtain them from your local circuit court.
- Fill out the Complaint for Absolute Divorce (CC-DR-001) and the Civil Domestic Case Information Report (CC-DR-004) carefully.
- Complete the Financial Statement (DR-31) and, if you have children, a Child Support Guidelines Worksheet.
- Have your forms notarized where required, such as the settlement agreement.
- File your forms with the circuit court in the county where you or your spouse lives. Pay the filing fee (unless you qualify for a fee waiver).
- Serve your spouse with the divorce papers through a sheriff or private process server, or get their signed Waiver of Service.
How much it costs
The filing fee for divorce in Maryland varies by county, typically ranging from $165 to $200. Additional costs may include service of process fees, notary fees, and court costs for copies. If you cannot afford the fees, you can apply for a fee waiver using the 'Petition to Proceed In Forma Pauperis' form.
Prepare to File for Divorce in Maryland
Before you start completing divorce papers in Maryland, make sure you meet the residency requirement and have the necessary information and documents at hand. This checklist will help you avoid common pitfalls.
- Confirm you or your spouse have lived in Maryland for at least 6 months before filing.
- Gather information about your marriage, such as the date and place of marriage, and your spouse's full legal name and address.
- Have financial documents ready, including tax returns, pay stubs, bank statements, and any property or debt records.
- Decide on grounds for divorce; Maryland allows no-fault (irreconcilable differences) if you've lived separately for 12 months, but other grounds may apply.
- Check if your county's circuit court requires specific forms or has local rules; visit the court's website or call ahead.
- Remember that Maryland does not require notarization for most divorce forms, but you must sign them in the presence of a clerk or notary if filing in person; also, copies for your spouse may be needed.
Questions people ask
How long does it take to get a divorce in Maryland?
If your divorce is uncontested and you meet the requirements, it can be finalized in as little as a few months. However, the timeline depends on whether you have minor children and the court's caseload in your county.
Do I need a lawyer to file for divorce in Maryland?
No, you are not required to hire a lawyer. Many couples file for uncontested divorce on their own. However, if your case is complex or contested, seeking legal advice is recommended.
What are the grounds for divorce in Maryland?
Maryland allows both fault and no-fault grounds. No-fault grounds include mutual consent (with a separation agreement) and separation for 12 months (or 6 months if you have a separation agreement and no minor children). Fault grounds include adultery, desertion, and cruelty.
Can I get a divorce without going to court?
Yes, if you and your spouse agree on all issues, you can file for an uncontested divorce. In many cases, the judge can sign the divorce decree without a court hearing, especially if you have a settlement agreement.