Maryland Divorce and Family Law

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Grounds for Absolute Divorce

Md. Code Family Law § 7-103 was substantially revised effective 1 October 2023. All fault grounds were repealed and limited divorce was eliminated. Maryland now provides three grounds for absolute divorce: mutual consent, which requires no separation period where a signed settlement agreement resolves all alimony, property and child issues; six-month separation, where the parties may live under the same roof if they are pursuing separate lives; and irreconcilable differences. A separate provision addresses permanent legal incapacity, which requires no waiting period. Material written before October 2023 describing adultery, cruelty or desertion as grounds, or describing a limited divorce, no longer states current Maryland law.

Marital Property and the Monetary Award

Maryland is not a community property state. Under Md. Code Family Law § 8-205, the court first determines what is marital property, then may grant a monetary award as an adjustment of the equities and rights of the parties concerning that property. Eleven statutory factors govern the award. The court may also transfer ownership of certain property directly, including a jointly owned home, retirement assets, and family use personal property. The sequence matters: nothing is distributed until classification and valuation are complete.

Where a Maryland Divorce Is Heard

Divorce, alimony and marital property matters are heard in the circuit court for the county, or in Baltimore City the Circuit Court for Baltimore City. The District Court of Maryland does not hear divorce or marital property claims, and neither does the federal district court. Filing in the wrong forum costs time rather than the case, but it costs time that a party with assets at risk usually does not have.

Service When a Spouse Cannot Be Found

Md. Rule 2-121 permits service by personal delivery, by certified mail with return receipt requested, or by other means the court orders, and it applies the same way whether the party is inside or outside Maryland. Where an affidavit shows those methods are unavailable, Md. Rule 2-122 allows the court to order service by posting at the courthouse together with publication once a week for three weeks in a newspaper of general circulation.

When a Party Will Not Produce Records

Md. Rule 2-433 allows the court to issue any orders that are just when a party fails to comply with a discovery order, including dismissal, default judgment, or contempt for willful failure. In a case where one spouse controlled the finances, that rule is often what moves the case forward.

Frequently Asked Questions

What are the grounds for divorce in Maryland?

Md. Code Family Law § 7-103 provides three grounds for absolute divorce: mutual consent, six-month separation, and irreconcilable differences. A separate provision addresses permanent legal incapacity. All fault grounds were repealed effective 1 October 2023.

Does Maryland still have limited divorce?

No. Limited divorce was eliminated in the revision that took effect on 1 October 2023. Any material describing it as available is out of date.

Is Maryland a community property state?

No. Maryland uses equitable principles. Under Md. Code Family Law § 8-205 the court determines what is marital property and may grant a monetary award as an adjustment of the equities, weighing eleven statutory factors.

Do we have to separate before filing?

Not for mutual consent, which requires no separation period where a signed settlement agreement resolves all alimony, property and child issues. The separation ground requires six months, and the parties may live under the same roof if pursuing separate lives.

Which court hears a Maryland divorce?

The circuit court for the county, or the Circuit Court for Baltimore City. The District Court of Maryland does not hear divorce or marital property claims.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor, and his background in accounting and information systems from George Mason University is applied to complex financial and technology-related cases. Maryland family matters are handled by Mr. Sris and the firm’s Of Counsel attorneys.

Request a Consultation

To discuss a Maryland family law matter with Law Offices Of SRIS, P.C., call (888) 437-7747 and request a consultation. The intake line is staffed 24/7.

Last updated: August 25, 2026

This page provides general information about Maryland family law and is not legal advice. Reading it does not create an attorney-client relationship. Every case turns on its own facts. Results may vary.

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