Planning Your Timeline: How Long Divorce Takes in Maryland from Petition to Decree

If you're considering divorce in Maryland, understanding how long the process takes is essential—especially since Maryland divorce law underwent significant changes in October 2023. The elimination of "limited divorce" and reduction of the separation period from 12 months to 6 months has fundamentally reshaped Maryland divorce timelines, making the process faster and more straightforward for many couples. Before you begin, review our comprehensive guide to understanding the divorce process to prepare for what lies ahead.

Maryland divorce timelines now range from as little as 2-4 months for uncontested mutual consent divorces to 9-12 months (or longer) for contested cases involving custody disputes or complex property division. This comprehensive guide breaks down every stage of the modern Maryland divorce timeline—from filing your complaint through receiving your absolute divorce decree—so you can plan your financial future, make housing decisions, and prepare emotionally for the journey ahead.

October 2023 Maryland Divorce Law Changes: What You Need to Know

On October 1, 2023, Maryland's divorce laws underwent the most significant changes in decades. Understanding these changes is critical because they directly impact how long your divorce will take and what grounds you can use.

Limited Divorce Eliminated

Maryland previously offered "limited divorce" (similar to legal separation in other states), which allowed temporary relief for custody, support, and use of property without ending the marriage. This concept was completely eliminated under the 2023 reforms. Now, Maryland only recognizes absolute divorce—the permanent legal termination of marriage.

Separation Period Reduced from 12 to 6 Months

The most impactful change: Maryland reduced the required separation period from 12 months to just 6 months. This means you can now file for divorce based on separation in half the time previously required.

Simplified Grounds for Absolute Divorce

Maryland now recognizes only three grounds for absolute divorce (all fault-based grounds like adultery, desertion, and cruelty were eliminated):

• 6-Month Separation: You and your spouse have lived "separate and apart" for at least 6 continuous months before filing. You can be separated while living under the same roof, as long as you maintain separate lives (no shared finances, intimacy, or social life as a couple).
• Irreconcilable Differences: You or your spouse believes the marriage should end for reasons that cannot be resolved. There is no minimum separation period required for this ground.
• Mutual Consent: Both spouses agree to divorce and file a comprehensive written Marital Settlement Agreement resolving all issues: property, alimony, and if applicable, child custody, parenting time, and child support.

Uncontested Divorce Timeline: 2-4 Months (Mutual Consent Path)

An uncontested divorce in Maryland occurs when you and your spouse agree on all major issues: property division, debt allocation, alimony (if any), and—if you have children—child custody, parenting time, and child support. Maryland's "mutual consent" ground offers the fastest path to absolute divorce.

Typical uncontested mutual consent timeline: 60-120 days (2-4 months), depending on court docket volume and whether a hearing is required.

Step-by-Step Mutual Consent Divorce Timeline

Pre-Filing: Negotiate and Sign Settlement Agreement

Before filing, you and your spouse must negotiate and sign a comprehensive Marital Settlement Agreement. The Maryland Judiciary provides a standard form (CC-DR-116, last revised 10/2024) available at mdcourts.gov/family/family-forms.

Your Marital Settlement Agreement must resolve:

• All property division (including any monetary award or use-and-possession arrangements)
• All debt allocation
• Alimony (waived or with specific terms)
• If children: Legal custody (decision-making), physical custody/parenting time, and child support

If your agreement includes child support, you must attach a completed Maryland Child Support Guidelines Worksheet (Worksheet A for primary physical custody or Worksheet B for shared physical custody).

Day 0: Filing the Complaint for Absolute Divorce

File Form CC-DR-020 (Complaint for Absolute Divorce, revised 08/2024) with your county's Circuit Court clerk. Maryland has no statewide residency requirement if the grounds (mutual consent) arose in Maryland and either spouse currently lives here. If the grounds arose outside Maryland, one spouse must have lived in Maryland for 6 months before filing.

Along with the Complaint, file:

• CC-DCM-001 Civil Domestic Case Information Report (revised 10/2023)
• Your signed Marital Settlement Agreement (CC-DR-116)
• Child Support Guidelines Worksheet (if applicable)
• Parenting Plan (CC-DR-109) if you have children

Filing fee: Approximately $165-$175 depending on county (e.g., Prince George's County charges $165 for self-represented filers). Many counties accept e-filing through Maryland's MDEC system.

Days 1-30: Service of Process

After filing, the court issues a Writ of Summons valid for 60 days. You must serve your spouse using one of these methods:

• Personal service by sheriff or private process server
• Leaving copies at spouse's dwelling with a resident of suitable age and discretion
• Certified mail with restricted delivery (recipient must sign)

Your spouse has 30 days (if served in Maryland), 60 days (elsewhere in U.S.), or 90 days (outside U.S.) to respond. In mutual consent cases, the response is typically an Answer agreeing to the settlement.

Days 30-60: Court Review and Scheduling

Maryland Circuit Courts issue a scheduling order within 30 days after an answer is filed. For uncontested mutual consent cases, many courts schedule a brief hearing (often before a magistrate) or conduct a review without requiring court appearance, depending on local practice.

If you have minor children, the court must find that your child custody, parenting time, and child support terms are in the children's best interests.

Days 60-120: Judgment of Absolute Divorce

Once the court approves your Marital Settlement Agreement (either after a brief hearing or through magistrate review), the judge enters a Judgment of Absolute Divorce. The court may "merge" or "incorporate" your agreement into the decree, which affects how it can be enforced or modified later.

Total uncontested mutual consent timeline: typically 60-120 days (2-4 months), though busy court dockets can occasionally extend this to 5 months.

Contested Divorce Timeline: 9-12 Months (Or Longer for Complex Cases)

A contested divorce in Maryland occurs when you and your spouse cannot agree on one or more major issues—child custody/parenting time, child support, property division, alimony, or even the grounds for divorce. Contested cases require court intervention through temporary orders, discovery, mediation, and potentially trial. If you're facing a contested case, learning about the costs of litigation versus mediation can help you make informed decisions.

Typical contested divorce timeline: 9-12 months, with complex high-asset cases or custody battles sometimes extending to 18+ months.

Extended Timeline for Contested Divorce

Months 1-2: Filing, Service, Answer, and Pendente Lite Orders

• File Complaint for Absolute Divorce (CC-DR-020) and pay filing fee ($165-$175)
• Serve your spouse; they must file an Answer (CC-DR-050) and potentially a Counter-Claim (CC-DR-094) within 30-90 days depending on service location
• Either party can request pendente lite (temporary) orders for:
  • Temporary child custody and parenting time
  • Temporary child support
  • Alimony pendente lite (temporary spousal support)
  • Use and possession of the family home and family-use personal property
  • Status quo orders preventing asset dissipation

Month 2: Scheduling Order and Case Management

The court issues a scheduling order within 30 days after an answer is filed, setting deadlines for discovery, expert disclosures, motions, and trial. Maryland family courts aim to complete cases within 12 months under their domestic time standards.

Months 2-4: Parent Education and Parenting Plans (If Children Involved)

If your case involves contested child custody or parenting time:

• 6-hour parenting seminar: Courts ordinarily order both parents to complete a 6-hour educational seminar covering child development, co-parenting skills, and conflict reduction (Maryland Rule 9-204). Cost typically $25-$150 per parent.
• Parenting Plan: You must submit a Parenting Plan (CC-DR-109) or, if you cannot agree, a Joint Statement (CC-DR-110) explaining areas of disagreement.
• Mediation: For custody/visitation disputes, courts typically order up to 4 hours of mediation (Maryland Rule 9-205) unless domestic violence or coercive control makes mediation inappropriate.

Months 3-6: Discovery and Financial Disclosures

During discovery, both sides exchange financial documents and information. Maryland limits interrogatories to 30 per responding party, with responses due within 30 days.

Common discovery includes:

• Last 2-3 years' tax returns
• Pay stubs, W-2s, business financial statements
• Bank, investment, and retirement account statements
• Real estate appraisals and mortgage documentation
• Vehicle titles and valuations
• Business valuations (if either spouse owns a business)
• Health insurance and childcare costs

Joint Statement of Marital and Non-Marital Property: Maryland Rule 9-207 requires this critical document listing each asset, who holds title, disputed vs. non-disputed status, and values. It's due at least 10 days before trial (or earlier per court order). Noncompliance risks sanctions, including being barred from disputing the other side's classifications.

Months 6-9: Mediation and Settlement Negotiations

Many contested Maryland divorces settle during or after mediation. Courts encourage ADR (Alternative Dispute Resolution) under Title 17 of Maryland Rules. Some circuits offer court-connected mediation programs with sliding-scale fees; private mediators typically charge $150-$350/hour split between parties.

Months 9-12: Trial and Final Judgment

If settlement fails, your case proceeds to trial—often first before a family magistrate who issues Findings and Recommendations, with either party able to file exceptions (objections) within 10 days for judge review.

The court decides:

• Child custody: Based on best interests factors
• Child support: Using Maryland Child Support Guidelines, with possible deviations
• Alimony: Considering statutory factors; may be rehabilitative or, in limited circumstances, indefinite
• Property division: Maryland is an "equitable distribution" state; marital property is divided fairly (not necessarily equally)

After trial, the judge enters the Judgment of Absolute Divorce with all final orders. Total timeline for contested divorces: typically 9-12 months, with complex cases extending to 18+ months.

Special Considerations Affecting Maryland Divorce Timelines

Domestic Violence and Safety Planning

If you're experiencing domestic violence, you can file for a protective order in a separate case (Maryland Family Law § 4-506). Protective orders can provide immediate safety relief including temporary custody, exclusive use of the home, and emergency family maintenance (support).

Important: If domestic abuse or coercive control is credibly reported, Maryland courts may not order custody mediation under Rule 9-205.

Military Families and SCRA Protections

If your spouse is an active-duty servicemember, federal law (the Servicemembers Civil Relief Act, 50 U.S.C. § 3931) provides protections that can delay proceedings. Before entering a default judgment, Maryland courts require a non-military affidavit stating whether the defendant is on active duty. If on active duty, the court must appoint counsel and may need to stay (pause) proceedings for at least 90 days.

High-Asset and Complex Property Cases

High-asset divorces involving businesses, complex retirement plans, or significant real estate portfolios require extensive discovery and expert witnesses (business valuators, pension actuaries, real estate appraisers). These cases regularly take 12-18+ months.

Maryland's Joint Statement of Marital and Non-Marital Property (Rule 9-207) is mandatory and critical—failure to comply can result in sanctions or being barred from disputing the other party's property classifications and valuations.

Estimate Your Maryland Divorce Costs

Understanding your divorce timeline helps you plan emotionally and logistically, but you also need to budget for financial costs. Use our free Maryland Divorce Cost Calculator below to estimate your total expenses based on whether your divorce is uncontested or contested.

Note: This calculator provides estimates for planning purposes only. Actual costs vary based on case complexity, whether you hire an attorney, and county-specific fee schedules. Maryland filing fees range from $165-$175, plus service costs ($40+ for sheriff service).

Frequently Asked Questions About Maryland Divorce Timelines

Q: Can I still file for "limited divorce" in Maryland?
A: No. Limited divorce was eliminated effective October 1, 2023. Maryland now only recognizes absolute divorce. If you need temporary relief while working toward absolute divorce, you can request pendente lite (temporary) orders for custody, support, and use of property within your absolute divorce case.

Q: Do I have to wait 6 months before filing for divorce in Maryland?
A: Only if you're filing based on the "6-month separation" ground. If you and your spouse have been separated for 6 continuous months, you can file immediately. However, if you use the "irreconcilable differences" ground, there's no separation requirement—you can file right away. For "mutual consent," you can file as soon as you have a signed Marital Settlement Agreement.

Q: What's the fastest way to get divorced in Maryland?
A: The fastest route is mutual consent divorce with no minor children. If both spouses sign a complete Marital Settlement Agreement and the court doesn't require a hearing, you can finalize in 60-90 days. With children, expect 90-120 days due to parenting plan review requirements.

Q: Can we be "separated" while living in the same house?
A: Yes. Maryland law recognizes separation under the same roof, as long as you maintain separate lives—separate bedrooms, separate finances, no intimacy, and no social activities as a couple. You should document this separation clearly (separate bank accounts, dated correspondence acknowledging separation, etc.).

Q: What delays a Maryland divorce the most?
A: The most common delays include: contested child custody requiring evaluations or Guardian ad Litem appointments, complex property division with business valuations or forensic accounting, discovery disputes, failure to complete parenting education seminars on time, mediation scheduling conflicts, and crowded court dockets in busy counties like Montgomery or Prince George's.

Conclusion: Navigating Your Maryland Divorce Timeline with Confidence

Understanding Maryland's modern divorce timeline—shaped by the transformative October 2023 law changes—is essential for making informed decisions about your future. Whether you're pursuing a 2-month mutual consent divorce or preparing for a 9-12 month contested case, knowing what to expect at each stage helps you plan financially, emotionally, and logistically.

Remember these key Maryland divorce timeline facts:

• Limited divorce eliminated October 1, 2023—only absolute divorce exists now
• Separation period reduced from 12 months to 6 months
• Three grounds: 6-month separation, irreconcilable differences, mutual consent
• Mutual consent uncontested: 60-120 days (2-4 months) typical
• Contested divorces: 9-12 months average, complex cases 18+ months
• Mandatory 6-hour parenting seminar for contested custody cases
• Joint Statement of Marital/Non-Marital Property required (Rule 9-207)
• Filing fee approximately $165-$175 (county-dependent)

Ready to learn more? Explore our comprehensive guide on Understanding the Divorce Process for broader context. Or use our Divorce Cost Calculator to estimate your total expenses.

Knowledge empowers you during divorce. The more you understand about Maryland's Circuit Court procedures, the October 2023 law changes, and your chosen divorce ground, the better equipped you'll be to protect your rights, minimize delays, and move forward confidently toward your new chapter.