The Two Kinds of Divorce in Maryland: Which Should You Choose? (2023)

Just as every wedding is different - everydivorceit is also different.

And divorces vary by state. Maryland has specific requirements for certain types of divorces. Deciding which type is right for your divorce will drastically affect your life during and after the procedure.

In this article, we'll help you set your priorities for your divorce, keeping the following in mind:

  • You can choose a limited or absolute divorce in Maryland.Deciding which type to choose can save your marriage or help it move forward.
  • There are differences in the types of divorce- like B. Fault vs. In Fault and Assault vs. Uncontested, which affect both the final form of your divorce and whether you should hire a lawyer.
  • How to Decide What Type of Divorce Is Right for YouIt should be based on what you most want out of the process, whether it be simple and quick to get the most out of it or to minimize the involvement of the children.

Official Types of Divorce in Maryland: Limited and Absolute

divorce in marylandHere are two specific options: temporary divorce and absolute divorce.

Limited Divorce in Maryland

A temporary divorce is a legal process in which you and your partner are physically separated.They make temporary decisions about the custody, maintenance and ownership of the property. As far as Maryland is concerned, however, he is still legally married.

A temporary divorce is often a good option for couples who are not yet ready to end their marriage or who need more time to resolve a separation.permanent divorce.

Once again,A temporary divorce does NOT mean you are no longer legally married.If a spouse is having sex with someone else, that person has committed adultery, and this can affect final divorce judgments.

(Video) Two Types of Divorce in Maryland | Zirkin & Schmerling Law

You may consider a temporary divorce if:

  • You still don't qualify for a full divorce
  • want to resolve differences privately next year
  • You Can't Handle the Financial Burden of a Final Divorce

To obtain a limited divorce in Maryland, you must have lived in Maryland for 12 months andgather the legal grounds for a temporary divorce. If you meet the requirements, the local district court will grant and oversee your limited divorce.

Absolute Divorce in Maryland

Absolute divorce is the complete termination of a marriage in Maryland.Once final divorce is achieved, you can remarry.

Reasons for absolute divorceinclude, but are not limited to:

  • abuse
  • Task
  • adultery

Absolute divorce judgment is enforced by local Maryland district courts. Once the final divorce is final, formal court orders close the divorce proceedings.

A temporary divorce is not necessary to obtain an outright divorce, although it can be a stepping stone in that direction.

To obtain an absolute divorce, one party must file for divorce in the District Court of Maryland. Both parties either agree to a no-fuss, lawyer-less divorce, or a court presides and decides the terms of the divorce.

(Video) Causes of Action For Getting a Divorce in Maryland


Other Types of Divorces in Maryland

If you know your exact circumstancesDivorce can save money. Divorce doesn't mean you need a lawyer, but it could be crucial for you.divorcedepending on the case.

Controversial Divorces vs. undisputed in maryland

First, during an amicable divorce, both parties agree to divorce. You'll need a written separation agreement that covers child custody and equitable division of assets, among other things.

To apply for an uncontested divorce, both parties must agree that they must separate without hope of reconciliation. If one of the spouses does not want a divorce or cannot agree on many details of the divorce, it becomes a contested divorce.

A contested divorce occurs when both parties cannot agree on the terms of the divorce, such as: For example, child custody, child support, division of property, and the cost of divorce.

Lawyers are very important for contentious divorces as they end up in court. You have to convince a judge that your side of the divorce case is the most valid, and that's what lawyers do for a living.

However, you may need a divorce attorney even during an agreed divorce. If you cannot reach an agreement during mediation on how the marriage should be divided to reach a "fair" settlementMarriage Agreement or MSA, then you need a lawyer to represent your point of view for you.

(Video) Divorce Part 1: What Type of Divorce Do I Need?

No Fault and No Fault and Consensual Divorces in Maryland

Basically, a "fault" or "fault" divorce means that one party believes the other person destroyed the marriage through their actions.

Only for certain legal reasons, resp.“Grounds” Are Accepted for a Bad Divorce. This reason must be proved in court before a judge.

However, if a judge agrees that the other party was at fault in the divorce, the final divorce decision may be biased in your favor.

On the other hand, a “no-fault” divorce means that peoplefile for divorcedon't blame any person or action for the end of the marriage. This type of divorce means less time in front of a judge.

No-fault divorces are usually granted after a 12-month waiting period if the spouses have been completely separated at all times.

If you're really on the same page with your ex-spouse, Maryland also allows straight divorces.Reasons for “mutual consent”.This type of divorce would be an absolute no-fault divorce without the 12-month waiting period if you agree to the terms through an MSA.

The MSA would be filed with the judge along with the amicable absolute divorce petition. If a judge thinks it's "fair," he'll approve your divorce with no courtroom drama and no waiting.

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Choosing the Right Divorce Type for You

What kind ofdivorceWhat you should follow depends on your personal situation and your priorities.

  • He the fastest way to divorceFor Maryland residents, this absolute divorce is by mutual consent as it skips the 12-month separation period. However, to achieve this, you must be extremely comfortable with your ex-spouse.
  • The cheapest way to get divorced.It is usually a no-fault, no-contesting divorce. This guy will also get you out of the marriage faster, but thatproperty divisionocustody arrangementsmay not be what you expected, especially if you don'tkeep lawyersthe intermediary
  • The "fairest" type of divorceIt could be a contentious divorce, which submits the situation to a third judge for its decision. You could also try for an uncontested divorce with an outside mediator or personal attorneys, which would give you more control over the final outcome.through an MSA.
  • How to Get the Most Out of a Divorce Settlement, you can go for a faulty divorce to tipfinal divorce decreeIn your favor. However, this procedure becomes more expensive, as guilt must be proven in court with solid evidence.
  • seek justiceBecause of your ex's actions, you are likely to file for a fault divorce in one of the available ones.Base legal em Maryland. There is no guarantee that a judge will rule in his favor, although your chances are greatly increased if they do.Hire an Experienced Divorce Lawyerto make your case.

Do you need a divorce lawyer? Perhaps.

In addition to choosing the type of divorce, you must decide whether to hire a lawyer.

Hiring a lawyer will depend on the complexity of the case, how well you get along with your ex, and whether there are children involved.

For example, if you've been home with the kids for the last 10 years while your spouse was building his or her career, then maybe you'reEntitled to half of the total family incomeand assets - moreFood– how to restart your life.

Of course, you'll have to prove to a judge that your chores fueled your spouse's income growth, which is why you deserve a cut. For this, however, you need someone who is used to agreeing with judges, that is, a lawyer.

If you are still not sure whether you need a lawyer for your divorce, contact several law firms for free advice to see how they would handle your case. From there, choose who you think best understands your priorities, and you can either enforce them in court or enforce them.Mediation.

you always canStart your search for a divorce lawyer with us! We are happy to answer your questions and tell you how we can help you reach your divorce goals as your case progresses. contact us fora free telephone consultationor in person, and we'll get you back to your new normal.

(Video) Maryland Divorce


What is the difference between absolute and limited divorce in Maryland? ›

Absolute divorce legally ends your marriage. It settles all issues, including property. Once finalized, you and your ex-spouse may remarry. In a limited divorce, some important issues are settled, but it does not end your marriage.

What is the difference between contested and uncontested divorce in Maryland? ›

Contested vs Uncontested Divorces in Maryland

To file for an uncontested divorce, both parties must agree for a need to separate with no hopes of reconciliation. If one partner doesn't want to divorce – or if they can't come to agreements over many divorce details – then it becomes a contested divorce.

What is the difference between fault and no fault divorce in Maryland? ›

Fault grounds include adultery, desertion, imprisonment for a crime, insanity, cruelty of treatment, and excessively vicious conduct. If you can't prove a fault-based ground for divorce, you may still be eligible to file for divorce based on the “no fault” ground of 12-month separation or mutual consent.

What are the benefits of an absolute divorce? ›

An absolute divorce actually ends the marriage. Once a decree of absolute divorce is entered, the parties are free to remarry. The decree of absolute divorce is a formal order issued by the court to end the divorce proceeding. After an absolute divorce, one party can no longer inherit property from the other.

How long does absolute divorce take in Maryland? ›

With all these factors in play, it can take anywhere from 90 days to two years for a judgment of absolute divorce to be granted in your case.

Do I have to go to court for an uncontested divorce in Maryland? ›

If you are the defendant, or the spouse who was served divorce papers, you don't have to appear in court. The hearing for an uncontested divorce should be very quick. If you're the plaintiff, you'll need to answer a few questions about your Complaint for Absolute Divorce.

How much does it cost to get an uncontested divorce in Maryland? ›

Overall, an uncontested dissolution of marriage in the State of Maryland will cost more or less $25,000 that is split between $14,000 for the dissolution of marriage and around $11,000 for legal fees depending on the price of the lawyer.

How long is an uncontested divorce in MD? ›

Once a Marital Separation Agreement has been reached, a Maryland divorce usually takes 30 to 120 days to become final. However, the length of time can vary depending on the specific court, caseload, and availability of judges.

At what point is divorce the best option? ›

Other signs that divorce might be the best choice for you:
  • Your spouse has shown a repeated pattern of abuse.
  • Your spouse has alcohol or substance abuse issues and will not get help.
  • Your spouse has repeatedly been unfaithful and shows no real interest in changing.
Jan 21, 2019

What is the fastest divorce in Maryland? ›

A mutual consent divorce is the quickest and least-expensive way to end your marriage in Maryland, but it's only available to couples who are able to reach an agreement on all of the issues in their divorce before filing the divorce complaint.

Is irreconcilable differences grounds for a divorce in Maryland? ›

Can I get a divorce based on irreconcilable differences? To get a divorce in Maryland, you must have a ground for divorce. The state of Maryland does not recognize irreconcilable differences as a ground for divorce.

Why is no-fault divorce better? ›

No-fault divorce allows couples to obtain a divorce without the need to outline the bad behaviour of their spouse or prove fault. This can make the process of obtaining a divorce simpler and less contentious, as the parties do not have to engage in any legal battles to prove who is at fault.

Why is a no-fault divorce preferred? ›

No-fault divorce is less expensive and less time-consuming than a fault-based divorce because the spouses don't need to prove marital misconduct for the court to grant the divorce. Check out Divorce in Your State to find out more about the grounds for divorce where you live.

Can you refuse a no-fault divorce? ›

Do both parties have to agree to a no fault divorce? Both parties do not need to agree to a no fault divorce due to the removal of the ability to contest a divorce. An individual can still make a sole divorce application, even if their partner does not necessarily agree with the divorce.

What is the negative side of divorce? ›

Children of divorce are more likely to experience poverty, educational failure, early and risky sexual activity, non-marital childbirth, earlier marriage, cohabitation, marital discord and divorce. In fact, emotional problems associated with divorce actually increase during young adulthood.

What not to do when you get divorced? ›

The Don'ts of Divorce
  1. Don't take matters into your own hands. ...
  2. Don't go against court rulings. ...
  3. Don't expose your kids to your animosity. ...
  4. Don't confide in your kids. ...
  5. Don't try to be a hero. ...
  6. Don't rush into another relationship. ...
  7. Don't forget to be a parent.
Oct 26, 2022

What is a peaceful divorce? ›

A peaceful divorce relies on both parties using their best judgment to work towards a mutually beneficial resolution—not a one-sided one. Break down your goals to two key categories: financial and personal.

Can you date while separated in Maryland? ›

In the state of Maryland, it is still considered adultery if you are dating and having sexual intercourse with someone else who is not your spouse, even if you are separated. The state requires husbands and wives to be separated for one year before they can get divorced.

Do you have to be separated for a year in Maryland to get a divorce? ›

However, this ground requires that you be separate and apart for 12 months prior to filing. In Maryland, an absolute divorce on the ground of voluntary separation may be obtained by either party 12 months after the parties agree to separate and then live separate and apart in separate homes without sexual intimacy.

How long after divorce can you remarry in Maryland? ›

Is There a Waiting Period to Remarry in Maryland? The short answer to how long you have to wait after divorce to remarry in Maryland is easy. There is no waiting period. Technically, your judge could sign your judgment of absolute divorce in the morning and you could sign your marriage license that same afternoon.

What is a wife entitled to in a divorce in Maryland? ›

Instead, Maryland has an "equitable distribution" statute—meaning, the court is not necessarily obligated to divide the property equally between the spouses, but will divide property in a way the court finds is fair. In many cases, however, each spouse gets half of the marital property.

How long do you have to be married to get alimony in Maryland? ›

Maryland family court judges typically determine that one year of alimony is paid for every three years of marriage on average.

Can someone refuse to divorce in Maryland? ›

Having a spouse refuse to sign divorce papers can make it that much harder to move on from a relationship that has broken down. In Maryland, your spouse does not have to agree for you to get a divorce. Either spouse can file a Complaint for Absolute Divorce.

What happens in an uncontested divorce hearing in Maryland? ›

At an uncontested divorce hearing, only the defendant is required to attend. The plaintiff may be present if they so choose. Questions will be asked of the defendant by the judge who is presiding over the matter. If the divorce request is granted, the judge will sign the judgment of absolute divorce.

What is a mutual consent divorce in Maryland? ›

Effective October 1st, 2015, mutual consent is a "no fault" ground for absolute divorce. If all the requirements have been met, a court may grant an absolute divorce without a separation. See MD Code, Family Law §7-103 (see back page).

How long does an uncontested divorce take in court? ›

The uncontested divorce is the best and most cost effective for all parties concerned. It can be finalised within 4 weeks.

What are grounds for immediate divorce in Maryland? ›

In Maryland, there are seven accepted fault grounds for an absolute divorce. Adultery, desertion, conviction of certain crimes, insanity, cruelty, and excessively vicious conduct. Below, we cover what you can expect when filing divorce under the grounds of adultery or desertion. Requires no waiting period.

Who gets the house in a divorce in Maryland? ›

Maryland is an "equitable distribution" state, which means that it divides property according to each side's financial need. The vast majority of states follow the equitable distribution rule and use a variety of factors to determine how property should be awarded to each party in a divorce.

How much does it cost to file divorce papers in Maryland? ›

On average the cost of a divorce in Maryland is $14,000. Around $11,000 of this goes to a divorce attorney. This is because the average hourly rate for an attorney in Maryland is $270.

What are grounds for limited divorce in Maryland? ›

Separation of the parties, no longer living in the same residence (or under the same roof overnight) and no longer having sexual relations; Cruelty of treatment of a party or a minor child of the party; Excessively vicious conduct of a party or a minor child of the party; or. Desertion.

How much does an absolute divorce cost in Maryland? ›

Maryland comes in a little lower than the national average, ranging from $11,000 to $13,500. This average cost of divorce includes: Attorneys' hourly fees. Court filing fees.

Is a wife entitled to half of everything in Maryland? ›

Maryland is a "equitable property" state.

This means that all marital property acquired during the marriage should be divided equally.

How to get an easy divorce in Maryland? ›

For now, the quickest route to obtain a divorce is an uncontested, no fault twelve month separation. In order to meet the requirements for this type of divorce, it is important to clearly establish the separation date. This will determine the twelve-month mark for when you can file a complaint for absolute divorce.


1. Maryland Divorce & Custody: Absolute Divorce v. Limited Divorce
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2. Divorce Part 8: Forms You Need to File
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3. Maryland Divorce & Custody: What Happens to the ‘Home’ in a Divorce?
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4. Maryland Divorce & Custody: Impact of Child’s Preference on Schedule
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5. Maryland Child Support Calculator in 2021: How Much Will You Owe?
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6. Miranda Lambert - Mama's Broken Heart
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