Procedures for an Amicable Divorce in Maryland

By Wayne Thomas

Maryland offers an amicable divorce process for couples who can agree on all the terms of their divorce. This is known as an uncontested divorce and eliminates the need to prove that one spouse was the cause of the marriage's collapse. Further, by drafting separation or divorce agreements, parties to an uncontested divorce have more control over the terms of their divorce, avoiding the uncertainty in having these matters decided by a judge.


To pursue an uncontested divorce in Maryland, you and your spouse must have lived separate and apart for one year if you separated with the intention of obtaining a divorce, and two years if you were motivated by any other reason. To qualify, you and your spouse must maintain different residences and the separation period must be uninterrupted. If you resume living together, even for a day, the period starts over. Unlike some states, even isolated incidents of sexual intercourse interrupt the separation period in Maryland.


In Maryland, uncontested divorces begin with the filing of a complaint for absolute divorce in the circuit court of the county where you or your spouse lives. The complaint needs to include certain basic information, such as how long you have lived in the state and when you were married, as well as the age and names of any minor children. A financial statement listing marital income and expenses and a joint statement regarding marital and non-marital property need to accompany the complaint. After you file, you must provide notice to your spouse, which may be accomplished by having someone over 18, with no interest in the case, deliver the documents or hiring a process server to do so. Your spouse then has 30 days to file a written response.

Divorce is never easy, but we can help. Learn More


Maryland allows spouses to enter into voluntary agreements setting the terms of the divorce. These are known as separation agreements if the spouses are waiting out the separation period, or divorce agreements if the couple completed this step and have filed for divorce. Both may cover issues related to property division, child custody and support, and spousal support. The agreement will form the basis of the divorce decree, and becomes a binding and enforceable contract following approval by the presiding judge. If there are still outstanding issues not covered by the agreement and the parties cannot agree, the case is considered contested and will proceed to trial.


Although a lengthy trial can be avoided by reaching a voluntary agreement, the court will still hold a hearing in an uncontested divorce. At the hearing, you are required to present corroborating witness testimony by someone other than your spouse who has knowledge of the marriage and circumstances of your separation. The judge will question this witness to ensure that all of the requirements have been met, after which a final divorce may be granted.

Divorce is never easy, but we can help. Learn More
Uncontested Divorce Documents and Requirements in Illinois


Related articles

How to Get an Uncontested Divorce in Massachusetts

In Massachusetts, the uncontested divorce process provides couples with the option of avoiding some of the time-consuming aspects of standard divorce. As long as the eligibility requirements are met, a couple may initiate the process together, enter into mutual agreements and often finalize their divorce within a month. To qualify in Massachusetts, you and your spouse must be on the same page regarding all the major issues related to your divorce, including property, support and child custody.

How to File for a Legal Separation in Arkansas

Legal separations occur when a married couple seeks to live legally apart but are not ready to get a divorce. Many people seeking legal separations do so because one party needs to maintain insurance for an uninsurable partner or meet 10-year marriage requirements to become eligible for certain government benefits. In Arkansas, legal separations are handled similar to divorces. Parties must reach an agreement on issues like child custody and support, alimony and possession of the marital residence. Obtaining a legal separation is a fairly simple process as long as you strictly follow the rules and procedure.

How to Do a Legal Separation in Ohio

By the time the courts become involved in a marriage, it is usually headed toward divorce. Less often, a husband and wife will ask an Ohio Court of Common Pleas for a legal separation, leaving their marriage in a holding pattern while proceeding to decide issues involving finances, child custody, visitation and support. They may also agree that an emotional separation is needed to determine whether the relationship has a chance to survive.

Get Divorced Online

Related articles

How Long Will No Fault Divorce Take to Be Finalized for New York?

While New York allows couples to divorce on the grounds that the marriage is irretrievably broken, the divorce process ...

How to Get Divorced in Tennessee

A divorce ends a valid marriage in Tennessee. Provided you can meet the state eligibility requirements, the process ...

How Long It Takes for an Uncontested Divorce to Be Final in New York

Disagreement between spouses usually is a major catalyst for divorce. Once the decision to end a marriage is made, if a ...

Grounds for Divorce in Fayetteville, North Carolina

Divorce in North Carolina is governed by state law. Whether you are in Fayetteville, Durham or Ashville, the grounds ...

Browse by category
Ready to Begin? GET STARTED