Once you’ve decided to move forward, the natural next question is: what does the process actually look like? Maryland’s divorce law changed substantially on October 1, 2023 — limited divorce was eliminated, and the grounds for divorce were simplified. Here’s what the process looks like today, from filing to final decree.
Step 1: Confirm You Meet the Residency Requirement
At least one spouse must have lived in Maryland for at least six months before the Complaint for Absolute Divorce is filed (with narrow exceptions). This is a threshold requirement — without it, the court doesn’t have jurisdiction to hear the case.
Step 2: Establish Your Grounds
Under current law, Maryland recognizes only these grounds for absolute divorce:
- Mutual consent — both spouses agree, supported by a signed settlement agreement resolving property, custody, and support
- 6-month separation — living separate and apart for six months without interruption before filing
- Irreconcilable differences — the marriage is beyond repair, as stated by the filing spouse
For a full breakdown of exactly how these grounds changed under the 2023 law, see our post on the Absolute Divorce Law effective October 1, 2023.
Step 3: File the Complaint for Absolute Divorce
Your attorney files the Complaint in Circuit Court, laying out the grounds and what you’re asking the court to decide — property division, custody, child support, and/or alimony, if applicable.
Step 4: Serve Your Spouse
The other spouse must be formally served with the Complaint, giving them legal notice and the opportunity to respond.
Step 5: The Case Splits Into One of Two Paths
If both spouses agree (mutual consent path): A signed settlement agreement addressing all major issues can allow the case to proceed relatively quickly, often without a contested court hearing, once the court confirms the agreement is fair and — where children are involved — in their best interests.
If the spouses don’t fully agree (contested path): The case proceeds through discovery (exchanging financial and other relevant information), and may involve:
- Mediation — a structured negotiation process to try to resolve disputed issues outside of court. See our Divorce Mediation page.
- Settlement conferences — attorney-led negotiations, often resolving remaining issues before trial.
- Trial — if issues remain unresolved, a judge decides them.
Step 6: Final Decree
Once grounds are established and all issues are resolved — by agreement or by the court — the judge signs the Judgment of Absolute Divorce, legally ending the marriage.
Where an Attorney’s Role Actually Matters Most
- Making sure the Complaint is filed correctly and grounds are properly established
- Reviewing or negotiating the settlement agreement so it actually protects your interests, not just resolves things quickly
- Advocating for your position on custody, support, and property if the case is contested
- Making sure the residency and procedural requirements are met so the case isn’t delayed or dismissed on a technicality
If you’re still deciding whether you need an attorney at all, see Do You Need a Lawyer for Divorce in Maryland? For what to gather and consider financially before you file, see How to Prepare for Divorce.
Talk to Houlon Berman
Every divorce moves differently depending on whether both spouses agree on the major issues. A consultation can help you understand what your specific timeline is likely to look like.
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