How Long Is the Divorce Waiting Period in Maryland?

The Maryland divorce waiting period depends entirely on which ground you file under. There is no post-filing waiting period before a judge can grant the divorce itself. What varies is how long you must wait before you are allowed to file: zero days for a mutual consent divorce, zero days for irreconcilable differences, and six continuous months for a separation-based divorce.¹

The Three Grounds and Their Timing

Maryland rewrote its divorce law effective October 1, 2023. The old fault grounds (adultery, cruelty, desertion) are gone, limited divorce is gone, and three no-fault paths to an absolute divorce remain:¹

Six-month separation. You and your spouse have lived separate and apart for at least six continuous months before filing.
Irreconcilable differences. One spouse states reasons the marriage is permanently over. No separation period required.
Mutual consent. Both spouses sign a settlement agreement that resolves every issue. No separation period required.

Fault still matters in Maryland, but only as a factor the court can weigh when deciding alimony, property division, and custody. You no longer have to prove fault to end the marriage.

Mutual Consent: No Wait at All

Mutual consent under § 7-103(a)(3) is the fastest route because there is no separation period and no built-in delay. You and your spouse file the complaint together with a signed settlement agreement that resolves alimony, property division, and the care, custody, and support of any minor or dependent children. If the agreement includes child support, a completed child support guidelines worksheet goes with it.¹

The court sets a hearing to review the agreement and confirm it meets legal standards, with close attention to any terms involving children. Only the spouse who filed needs to appear and give brief testimony. Neither spouse may file a motion to set the agreement aside before the hearing. If the judge is satisfied, the divorce can be granted that same day.¹

Where child support is at issue, you will also file either Form CC-DR-030 (combined monthly income of $30,000 or less) or Form CC-DR-031 (income above $30,000).²

Irreconcilable Differences: No Wait, But Expect a Longer Case

The irreconcilable differences ground, added in the 2023 overhaul, lets one spouse file without any separation and without the other spouse’s agreement. Under § 7-103(a)(2), the person filing simply states the reasons they believe the marriage is permanently over.¹

This is the usual path for contested cases where one spouse wants out and the other disagrees, or where the couple cannot settle every issue on their own. The absence of a statutory waiting period does not translate into a quick divorce. Because there is no settlement in place, the court has to resolve disputed questions like property division, alimony, and custody, and contested cases often run many months through discovery, mediation, and trial.

The Six-Month Separation Period

Under § 7-103(a)(1), you can file after living separate and apart for six continuous months. The clock must run without interruption from the date you establish the separation until the day you file your complaint in circuit court.¹

Before the 2023 changes, Maryland required twelve months. The legislature cut that in half, and that is the single biggest reason the separation path moves faster now. A corroborating witness is also no longer required. Under the old law, a third party had to testify about the separation; now your own testimony is enough.

Any resumption of married life during the six months can restart the clock. The statute requires the separation to be “without interruption,” and filing before the full period has run risks dismissal and loss of the filing fee. If you are not sure whether a particular interaction with your spouse counts as reconciliation, raise it with an attorney before you file.

Separation Under the Same Roof

Maryland lets spouses satisfy the six-month requirement while still sharing a home. Section 7-103(b) says parties “who have pursued separate lives shall be deemed to have lived separate and apart” even if they live under the same roof.¹

You do not need separate bedrooms or different mailing addresses. The standard is whether you have pursued separate lives, which generally means functioning as individuals rather than as a married couple in your daily routines, finances, and social interactions.³ The same rule applies when the separation is carried out under a court order; the clock runs the same way either way.

Residency Can Run Alongside the Separation Clock

If the grounds for your divorce arose in Maryland, there is no separate residency requirement, and either spouse can file in a Maryland circuit court. If the grounds arose outside the state, at least one spouse must have been a Maryland resident for six months before filing.⁴

The residency clock and the separation clock can run at the same time. If you moved to Maryland and started living separately on the same date, both six-month periods end together. If you relocated after the separation started, your earliest filing date is whichever clock finishes last.

What Happens After You File

Once you qualify under one of the three grounds, you file a complaint for absolute divorce in the circuit court in the county where either spouse lives. The filing fee is $165 without an attorney, or $185 if an attorney files on your behalf, uniform statewide.⁵

The court issues a writ of summons about five to ten days after filing. Your spouse must then be formally served with the complaint and supporting documents by sheriff, private process server, or certified mail. You cannot serve the papers yourself.²

When the judge signs the decree, your marriage is legally over and either party may remarry.² If you disagree with the ruling on any issue, you have 30 days from entry of judgment to file a notice of appeal. That deadline is firm. Once it passes, the judgment stands.

1
Maryland General Assembly. Maryland Code Family Law 7-103 – Divorce
2
Maryland Courts. Divorce
3
Maryland Courts. Maryland Courts – Divorce
4
Maryland General Assembly. Maryland Code Family Law 7-101
5
Maryland Courts. Summary of Charges, Costs, and Fees of the Clerks of the Circuit Court