What are the grounds and residency requirements to file for an uncontested or "no-fault" divorce in Maryland?

  1. The parties must have lived separate and apart for at least twelve (12) months prior to filing the divorce papers. Maryland's no-fault grounds for divorce is "one-year separation."
  2. At least one of the parties is currently a resident of Maryland, and has maintained that residency for at least the previous 6 months prior to filing.
  3. The parties agree on all details, or at least make no objections.
  4. A Marital Settlement Agreement (MSA), signed by both parties and filed in court, may be used in any divorce, and is recommended in situations involving minor children, child support, alimony, or division of marital property.
  5. If your spouse is actively serving in the military, his or her current address must be known and provided to the court, and he or she MUST file some type of answer, cooperating with the divorce.

What are the grounds and residency requirements to file for a "mutual consent" divorce in Maryland?

As of October 1, 2015, there is a new uncontested divorce ground in Maryland for those who qualify (the parties must meet all of the following requirements):

  1. At least one of the parties is currently a resident of Maryland, and has maintained that residency for at least the previous 6 months prior to filing.
  2. The parties have no minor children in common (no children born of or adopted to the marriage).
  3. The parties must have a written, signed settlement agreement that covers both property and alimony. The written settlement agreement must be submitted to the court.
  4. Neither party asks the court to set aside the written settlement agreement.
  5. Both parties must appear at the final divorce hearing.

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