Limited divorce was abolished
Maryland no longer has a two-track system of limited and absolute divorce. There is one action.
Maryland Circuit Courts · Practicing since 1997
Maryland Family
Law Attorney
Law Offices Of SRIS, P.C. handles divorce, custody, support, and related family law matters in the Maryland Circuit Courts. The firm has practiced since 1997.
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- Since 1997
- Years in practice
- Circuit Courts
- Where Maryland family cases are filed
- 8 counties
- Jurisdictions accepted, plus Baltimore City
- Former prosecutor
- Owner and founder, Mr. Sris
Effective October 1, 2023
Maryland's grounds for divorce changed
The General Assembly rewrote the grounds for divorce. The changes took effect on October 1, 2023, and they are substantial enough that a reader working from the previous regime will reach the wrong conclusions about timing and about what has to be proved.
What changed
Fault grounds were repealed
Adultery, desertion, cruelty of treatment, excessively vicious conduct, conviction of crime, and insanity are no longer grounds for divorce in Maryland. Conduct during the marriage may still bear on other questions in a case, such as alimony or the division of property. It is no longer the basis on which a divorce is granted.
The separation period was shortened
The waiting period tied to separation is now six months, not one year.
Under Md. Code, Family Law § 7-103 as amended, the grounds for absolute divorce are three:
01
Six-month separation
The parties have lived separate and apart for six months without interruption before the case is filed. What qualifies as living separate and apart is defined by statute, and whether a particular arrangement qualifies should be confirmed against the specific facts.
02
Irreconcilable differences
Based on the reasons the filing party states for the permanent termination of the marriage.
03
Mutual consent
Available where the parties have executed a written settlement agreement resolving alimony, the division of property, and the care, custody, access, and support of any minor children; where neither party has moved to set the agreement aside; and where the court is satisfied that any terms concerning minor children serve the children's best interests. There is no bar to using mutual consent where the parties have minor children.
Threshold question
Residency, and where a Maryland case is filed
Family law cases in Maryland are filed in the Circuit Court for the county, or for Baltimore City. Appeals go to the Appellate Court of Maryland, which was formerly named the Court of Special Appeals, and from there in limited circumstances to the Supreme Court of Maryland, formerly the Court of Appeals.
Md. Code, Family Law § 7-101 sets a six-month residency requirement where the grounds for divorce arose outside Maryland. Whether that requirement applies to a given case therefore depends on where the grounds arose. This is a threshold question: settle it before anything is filed, because filing without meeting an applicable residency requirement can cost the case its start date.
Practice areas
Matters the firm handles
The governing statutes for each of these are set out below in Property, support, and custody.
- Absolute divorce, contested and uncontested
- Legal and physical custody, and access schedules
- Child support
- Alimony
- Identification, valuation, and division of marital property, and monetary awards
- Marital and separation agreements
- Domestic violence protective orders
- Modification and enforcement of existing orders
The governing standards
Property, support, and custody: what the standards actually are
Property
Maryland is an equitable distribution state. A court identifies what is marital property, values it, and may then grant a monetary award to adjust the equities under Md. Code, Family Law § 8-205. Marital property is generally property acquired by either party during the marriage regardless of how it is titled, subject to exceptions including property acquired by gift or inheritance from a third party. Equitable means fair in the court's judgment. It does not mean equal, and the statute does not create a presumption of an even split.
Custody
The governing standard is the best interests of the child. That standard was developed by Maryland's appellate courts rather than set out as a list in the Family Law Article, and the factors courts weigh come from that case law. Legal custody is the authority to make major decisions about education, health care, and religious upbringing. Physical custody concerns where the child lives. The two are decided separately, and joint legal custody with primary physical custody to one parent is a common arrangement. Maryland law does not prefer mothers over fathers.
A separate group of provisions, Md. Code, Family Law §§ 9-101 and 9-101.1, governs custody and access where abuse of a child or of another party in the household is alleged. Those sections apply to that situation. They are not the general custody standard.
Child support
Maryland uses an income shares model. The guidelines in Md. Code, Family Law § 12-204 produce a figure from the parents' incomes, the number of children, the number of overnights each parent has, and the cost of health insurance and work-related child care. The guidelines apply up to a combined monthly income ceiling set by § 12-204. Above that ceiling the court has discretion rather than a formula, so whether a household sits above or below the current ceiling changes how support is decided. Ask counsel which side of it applies. Departures from the guideline figure below the ceiling are possible but must be justified on the record.
Alimony
Md. Code, Family Law § 11-106 lists the factors a court considers and contemplates awards for a defined term as well as indefinite awards in narrower circumstances. Alimony is more discretionary than child support, and the analysis turns heavily on the particular marriage.
Procedure
How a Maryland family case moves
Filing
One party files a complaint in the Circuit Court and the other is served. The responding party files an answer and may file a counter-complaint.
Pendente lite relief
Pendente lite means pending the litigation. Where custody, access, support, or use of the family home need an interim answer, the court can hold a hearing and enter temporary orders that last until the case concludes.
Discovery
Both sides exchange financial documents and information, through interrogatories, requests for production, depositions, and where appropriate subpoenas to third parties.
Mediation and settlement
Maryland Rule 9-205 provides for referral of custody and access disputes to mediation. Many financial issues are also negotiated. Most family cases conclude by agreement rather than by trial.
Child's representation
Where a case warrants it, the court may appoint counsel for the child. Maryland Rule 9-205.1 sets out the roles, including the Best Interest Attorney.
Trial
Where issues remain, a judge hears evidence and decides them. Family law trials in Maryland are heard by a judge, not a jury.
Judgment, modification, enforcement
The court enters a judgment. Custody and support terms can later be modified on a showing of material change in circumstances, and orders can be enforced if they are not followed.
Method
How the firm approaches a family law file
The firm generally works through a matter in the following order.
The financial picture first
Income, assets, debts, retirement interests, business interests, and the marital or non-marital character of each. Most contested questions downstream, including support and any monetary award, depend on this being right.
The parenting picture
The existing routine, who has performed which caretaking responsibilities, the schedules both households actually run on, and what a workable access arrangement would look like.
The legal posture
Which ground applies, whether the residency requirement is satisfied, what relief is available, and whether pendente lite relief is needed before the case can proceed at its ordinary pace.
The route
Whether the matter is a candidate for negotiation or mediation, or whether contested issues require litigation. These are not mutually exclusive; many cases settle some issues and try others.
Resolution
Whether a particular outcome is available depends on the facts, the assets, the parenting history, the county, and the judge. A Maryland court retains discretion over most family law questions. Results may vary.
Our attorneys
Who handles the matter
Mr. Sris
Owner and Founder · Former Prosecutor
Admitted in Maryland, Virginia, the District of Columbia, New Jersey, and New York. He has practiced since 1997 and served as a prosecutor before entering private practice. His practice includes family law and criminal defense.
All attorneys other than Mr. Sris serve as Of Counsel to Law Offices Of SRIS, P.C.
Where the firm accepts matters
Maryland jurisdictions
Law Offices Of SRIS, P.C. accepts Maryland family law matters in the Circuit Courts.
Procedure is set by statute and by the Maryland Rules and is uniform across the state. Scheduling practice, differentiated case management timelines, and local requirements vary by county, and counsel confirms those details for the specific court before filing.
- Montgomery County
- Prince George's County
- Howard County
- Anne Arundel County
- Baltimore County
- Baltimore City
- Frederick County
- Charles County
- Rockville
- Silver Spring
- Columbia
- Annapolis
- Frederick
FAQ
Frequently asked questions
What are the grounds for divorce in Maryland now?
Three. Six-month separation, irreconcilable differences, and mutual consent, under Md. Code, Family Law § 7-103 as amended effective October 1, 2023. Fault grounds such as adultery, desertion, and cruelty were repealed and are no longer grounds for divorce. Limited divorce was abolished at the same time.
I read that I have to be separated for a year. Is that right?
Not any longer. The separation ground requires six months. The one-year period applied under the law in force before October 1, 2023.
Can I use mutual consent if we have minor children?
Yes. Mutual consent requires a written settlement agreement resolving alimony, property, and the care, custody, access, and support of any minor children, with neither party moving to set it aside, and the court satisfied that terms concerning the children serve their best interests. Having minor children does not bar the ground.
Does it still matter that my spouse committed adultery?
It is no longer a ground for divorce. Conduct during the marriage can still be relevant to other questions in the case, including alimony and the division of property, so it is worth raising with counsel even though it will not be the basis for the divorce itself.
How long do I have to live in Maryland before I can file?
Md. Code, Family Law § 7-101 imposes a six-month residency requirement where the grounds for divorce arose outside Maryland. Whether it applies to your case therefore turns on where the grounds arose. Settle that question before filing.
Does Maryland split everything fifty-fifty?
No. Maryland is an equitable distribution state, not a community property state. The court identifies and values marital property and may grant a monetary award to adjust the equities under Md. Code, Family Law § 8-205. Equitable means fair in the court's judgment, which may or may not be equal.
What is the difference between legal and physical custody?
Legal custody is the authority to make major decisions about a child's education, health care, and religious upbringing. Physical custody concerns where the child lives day to day. They are decided separately, and joint legal custody alongside primary physical custody to one parent is common.
How is child support calculated?
Maryland uses an income shares model. The guidelines at Md. Code, Family Law § 12-204 produce a figure from both parents' incomes, the number of children, the overnights each parent has, and health insurance and work-related child care costs. Above a combined income ceiling set by statute the court has discretion, and departures below that ceiling must be justified on the record.
Can a custody or support order be changed later?
Yes, on a showing of a material change in circumstances affecting the child's welfare. Property division in a judgment is generally not modifiable in the same way, which is one reason the property terms deserve close attention when they are being negotiated.
What does representation cost?
Fees depend on whether the matter is contested, how many issues are in dispute, whether custody is at issue, and whether the case is likely to be tried. The firm charges a fee for the initial consultation and sets out a written fee arrangement after reviewing the matter.