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Uncontested Divorce in Maryland

Requirements for an Uncontested Divorce in maryland

To file for an uncontested divorce (legally called “absolute divorce”) in Maryland, you must meet the following conditions:
 

  1. Residency

    • If the grounds for divorce happened in Maryland, either spouse must live in the state.

    • If the grounds happened outside Maryland, you or your spouse must have lived in Maryland for at least 6 months before filing.
       

  2. Grounds for Divorce 

    • Maryland now allows no-fault divorce based on:

    • Mutual consent (for uncontested divorce), or

    • 6-month separation (no longer living together)

    • "Mutual Consent" is the simplest and fastest path for an uncontested divorce.
       

  3. Full Agreement:

    To qualify for an uncontested divorce under mutual consent, both spouses must:

    • Agree the marriage should end

    • Have a written, signed Marital Settlement Agreement covering:

    • Division of assets and debts

    • Alimony (if any)

    • Custody and child support (if you have children)

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Steps to File for an Uncontested Divorce:

  1. Complete the Required Forms

Basic required forms include:

  • Complaint for Absolute Divorce

  • Civil Domestic Case Information Report

  • Marital Settlement Agreement (must be signed by both spouses)

  • Child Support Guidelines Worksheet (if applicable)

  • Financial Statement (if children or alimony involved)

  • Final Judgment of Absolute Divorce
     

Forms can be found at: https://mdcourts.gov/family/forms
 

2. File with the Circuit Court

  • If you’re not filing jointly, you must serve your spouse with the divorce papers.

  • If your spouse agrees, they can sign a Waiver of Service


3. Serve Your Spouse (If Needed)

  • If you’re not filing jointly, the other spouse must be served.

  • Options include sheriff service, private process server, or your spouse may accept service and sign an Acceptance of Service form.


4. Attend a Short Court Hearing

  • In mutual consent divorces, a brief hearing is required.

  • Bring a copy of the signed agreement, financial forms, and child-related documents.

  • The judge will confirm that both parties understand and agree to the terms

5. Receive Your Final Decree

  • If everything is in order, the judge will sign the Final Judgment of Absolute Divorce, officially ending the marriage

Cost Considerations

  • Filing Fee: $165
     

  • Service Fee: ~$40-$75
     

  • Attorney Flat Fee: $500–$1,200 (optional)
     

  • Online Divorce Services: $150–$350
     

  • Fee Waiver: File a request with supporting financial documents

Important Considerations

  • With Children:

    • Must include a Parenting Plan and Child Support Worksheet

    • Some counties require both parents to take a parenting class

    • Courts will ensure that custody and child support are in the best interest of the child

  • Legal Advice Recommended:

    • You must have a signed Marital Settlement Agreement to use the mutual consent process

  • Legal Review Advised:

    • Even if you draft your own agreement, it’s a good idea to have a lawyer review it—especially if you have real estate, retirement accounts, or children

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