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Maryland law

Family Laws in Maryland.

Maryland underwent a major divorce law overhaul effective October 1, 2023, eliminating all fault-based grounds and moving to a purely no-fault system. The state now requires only a 6-month separation (spouses may live under the same roof if leading separate lives), irreconcilable differences, or mutual consent. Maryland is an equitable distribution state. "Limited divorce" was also eliminated — only absolute divorce is now available.

Last verified: 2026-02-25

State law

Statute of Limitations

There is no statute of limitations for filing for divorce. Maryland now has three no-fault grounds: 6-month separation, irreconcilable differences, or mutual consent.

State law

Filing Requirements

Residency RequirementMd. Code, Family Law § 7-101

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.

Filing Fee$165

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

State law

Key Maryland Statutes

2023 Divorce ReformMd. Code, Family Law § 7-103 (effective October 1, 2023)

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.

Equitable DistributionMd. Code, Family Law §§ 8-201 through 8-213

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.

Child Custody (Best Interests)Md. Code, Family Law § 9-101 et seq.

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.

Child Support GuidelinesMd. Code, Family Law §§ 12-201 through 12-204

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

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Maryland.

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