2025 Divorce Filing Checklist for Maryland

Filing for divorce in Maryland involves choosing one of three grounds (mutual consent, 6-month separation, or irreconcilable differences), filing in Circuit Court, and navigating the MDEC e-filing system. Understanding the divorce process helps as you navigate Maryland's simplified 2025 requirements, including residency rules, required forms, and filing fees.

Step 1: Understand Maryland's Three Divorce Grounds

Maryland simplified its divorce grounds effective October 1, 2023. All fault-based grounds (adultery, desertion, cruelty) were repealed. Today, Maryland recognizes only three grounds for absolute divorce under Family Law § 7-103:

• Mutual Consent: Both spouses agree to divorce and sign a written Marital Settlement Agreement (MSA) resolving all issues: alimony, property distribution, and all matters concerning minor or dependent children (custody, parenting time, child support). This is the fastest option—you can file your complaint and settlement agreement together, and many cases conclude within weeks.
• 6-Month Separation: You and your spouse have lived separate and apart, without interruption, for at least six months before filing. "Separate" can mean living under the same roof if you pursue separate lives (no shared finances, intimacy, or social life as a couple). This ground requires no agreement, though you may negotiate terms during the case.
• Irreconcilable Differences: You allege reasons why the marriage should permanently end; there's no minimum separation period. The court evaluates stated reasons without requiring proof of fault. Use this ground if you want to file immediately without meeting the 6-month separation requirement.

Choose the ground that best fits your situation. Mutual consent offers the fastest resolution if you and your spouse can agree on all terms. If not, 6-month separation or irreconcilable differences allow you to proceed without full agreement.

Step 2: Verify Maryland Residency Requirements

Maryland's residency requirements depend on where your grounds for divorce arose. Under Family Law § 7-101:

• Grounds Arose in Maryland: You may file immediately if either spouse currently lives in Maryland—no waiting period required
• Grounds Arose Outside Maryland: At least one spouse must have lived in Maryland for six months immediately before filing

"Grounds arose" means where the events leading to divorce occurred. For mutual consent or irreconcilable differences, the grounds typically arise where the decision to divorce is made. For 6-month separation, it's where the separation occurred.

You can file in the Circuit Court of any Maryland county where you live. Venue is also proper where your spouse lives or works under general venue rules. Most people file in the county where they currently reside.

Step 3: Gather Required Forms and Documents

Maryland provides standardized forms through the Maryland Judiciary website. You'll need:

• CC-DR-020 Complaint for Absolute Divorce (last revised 08/2024) – This initiates your case
• CC-DCM-001 Civil Domestic Case Information Report (DCIR) (last revised 10/2023) – Filed with your complaint; helps court set your schedule
• CC-DR-116 Marital Settlement Agreement (revised 10/2024) – Required for mutual consent divorces; resolves all issues
• Financial Statements:
  • CC-DR-030 Financial Statement (Child Support Guidelines) – If combined monthly income ≤$30,000
  • CC-DR-031 Financial Statement (General) – If combined monthly income >$30,000
• Child Support Worksheets:
  • CC-DR-034 Worksheet A – For primary physical custody arrangements
  • CC-DR-035 Worksheet B – For shared physical custody arrangements

All financial forms were last revised in August 2024. If you have minor children, you'll also need to use the CC-DR-109 Parenting Plan Tool (provided at first appearance).

Supporting documents to gather: pay stubs, tax returns (last 2-3 years), health insurance costs, childcare expenses, mortgage/lease documents, retirement account summaries, bank/credit statements, titles and deeds, and any prenuptial or postnuptial agreements.

Managing assets and budgets is a big part of divorce; a divorce financial planner can help Maryland spouses map out costs and settlements before filing.

Step 4: File Your Complaint with the Circuit Court

File your completed forms with the Circuit Court Clerk's office in your county. As of 2025, the filing fee is $165 for self-represented litigants and approximately $175 with attorney representation in most counties.

Additional costs may include:

• Sheriff Service: Approximately $40 if requesting sheriff to serve your spouse (varies by county)
• Certified Mail Service: Alternative service method with restricted delivery
• Parenting Seminar: $25 per person for the 6-hour educational program (required in custody cases)

Fee Waivers: If you cannot afford the filing fee, file a fee waiver form with your Complaint. The court will review your financial information to determine eligibility.

Step 5: Navigate the MDEC E-Filing System

All Maryland courts use the Maryland Electronic Courts (MDEC) system. E-filing policies:

• Attorneys: Must e-file all documents
• Self-Represented Litigants: May choose to e-file or file on paper
• Important Note: If you e-file once as a self-represented party, you must e-file all subsequent documents in that case and in future cases

Benefits of e-filing include 24/7 access, faster processing, automatic email notifications, and the ability to view your case documents remotely through the MDEC public portal. Registration is free, and the system provides tutorials for new users.

If you prefer paper filing, submit your documents to the Clerk's office during business hours. Keep copies of everything you file for your records.

Step 6: Serve Your Spouse and Response Deadlines

After filing, the clerk issues a Writ of Summons valid for 60 days. You must have your spouse formally served (you cannot serve your own papers). Service methods include:

• Personal Delivery: Sheriff or private process server hand-delivers documents
• Dwelling Service: Leaving copies at spouse's dwelling with a resident of suitable age and discretion
• Certified Mail: With restricted delivery requiring spouse's signature
• Alternative Methods: If spouse is evading service or cannot be found, courts may approve alternative service upon motion

Your spouse's response deadline depends on where they were served:

• 30 days if served in Maryland
• 60 days if served elsewhere in the U.S.
• 90 days if served outside the U.S.

If your spouse doesn't answer within the deadline, you may request an Order of Default (CC-DR-054). Before any default can be entered, you must file an affidavit stating whether your spouse is in military service (Servicemembers Civil Relief Act requirement).

Step 7: Navigate the Process to Final Judgment

The path to final judgment depends on your chosen ground and level of agreement:

• Mutual Consent (Uncontested): With a complete settlement agreement filed up front, many courts schedule a short hearing or magistrate review. If the agreement is in the children's best interests and lawful, the court enters a Judgment of Absolute Divorce. This can happen within weeks to a few months depending on court scheduling.
• 6-Month Separation or Irreconcilable Differences (Uncontested): If you reach agreement after filing, you can submit a settlement agreement and consent judgment. The court will review and approve it if acceptable.
• Contested Cases: The court issues a scheduling order setting deadlines for discovery, expert disclosure, and motions. Family divisions aim to finish within 12 months of filing. Contested custody cases require:
  • 6-hour parenting seminar ($25 per person)
  • Mediation (typically 2-4 hours, often subsidized)
  • Parenting plan development
  Magistrate hearings are common, with either party able to file exceptions (objections) within 10 days. A judge ultimately resolves any disputed matters at trial.

Temporary (pendente lite) orders can be requested at any time for custody, child support, alimony, or use and possession of the family home while the case is pending.

Estimate Your Maryland Divorce Costs

Beyond the $165 filing fee, Maryland divorce costs vary based on complexity, attorney fees (typically $250-$500/hour), mediation costs, parenting seminar fees, and expert witnesses if needed. Use this calculator to estimate your total costs: