To file an uncontested divorce in Maryland, you and your spouse sign a written settlement agreement that resolves every issue between you, then one of you files a Complaint for Absolute Divorce in the circuit court with the agreement attached, serves the other spouse, and appears at a short hearing where a magistrate confirms the terms and the court enters a decree. Under the 2023 reform that eliminated fault-based grounds and shortened the separation period, couples who agree on everything can use the mutual consent ground and skip the waiting period entirely.
Confirm You Qualify to File
Two things need to be true before you start: you have a ground for divorce, and you meet Maryland’s residency rule.
Maryland now recognizes only no-fault grounds for absolute divorce. For an uncontested case, mutual consent is almost always the right choice. It requires a signed written settlement agreement resolving property, alimony, and any issues involving minor or dependent children, with a child support guidelines worksheet attached if support is part of the deal. No separation period applies. The alternative, a six-month separation, is available if the spouses have lived separate and apart without interruption for at least six months; Maryland treats couples who have “pursued separate lives” as living separately even if they still share a roof.1Maryland General Assembly. Maryland Code Family Law Title 7 Section 7-103
At least one spouse must be physically living in Maryland. If the grounds for the divorce arose in Maryland, you can file as soon as you are a resident. If they arose outside the state, one spouse must have lived in Maryland for six months before filing. You file in the circuit court for the county where either spouse lives.2Maryland Courts. Divorce
Put Your Agreement in Writing
The settlement agreement is the document the whole case turns on. Maryland provides a standard form, CC-DR-116, that walks through each issue the agreement needs to cover: property division, debts, alimony, child custody, and child support.3Maryland Courts. Marital Settlement Agreement Form CC-DR-116 Both spouses sign it, and it gets filed with the complaint.
A few points to work through before you sign.
Property and debts. Allocate everything acquired during the marriage, regardless of whose name is on the title. Property one spouse owned before the marriage, received as a gift from someone else, or inherited generally stays with that spouse. Mortgages, car loans, and credit card balances need to be split as clearly as the assets. Vague language causes disputes later.
Retirement accounts. Dividing a 401(k), pension, or other employer-sponsored plan takes a separate court order called a Qualified Domestic Relations Order (QDRO), which tells the plan administrator to pay a portion to the non-employee spouse. An informal agreement between the two of you will not move the money. Get the QDRO drafted and approved by the plan administrator before the divorce is finalized to avoid delays and tax problems.
Children. If you have minor children, the agreement must address both physical custody (where the child lives) and legal custody (decision-making over education, healthcare, and welfare). Either can be joint or sole. Spell out the regular schedule, holidays, vacations, communication, and how you will handle disagreements about major decisions.
Child support. Maryland calculates support with a formula based on each parent’s gross income, health insurance costs, childcare expenses, and parenting time. The guidelines amount is presumptively correct.4Maryland Courts. Maryland Child Support Guidelines You can agree to a different number, but the judge can reject an agreement found inadequate for the child, and any deviation gets evaluated against the child’s best interests.3Maryland Courts. Marital Settlement Agreement Form CC-DR-116 In a mutual consent case, a completed guidelines worksheet is filed with the agreement.1Maryland General Assembly. Maryland Code Family Law Title 7 Section 7-103
Alimony. Alimony is not automatic. Negotiate whether it will be paid, how much, and for how long. The CC-DR-116 form lets you choose whether alimony terms can be modified later or are locked in permanently. If you agree the terms are non-modifiable, neither spouse can go back to court for a change later, even if circumstances shift dramatically. Think carefully before checking that box.3Maryland Courts. Marital Settlement Agreement Form CC-DR-116
The agreement is a contract. The form itself warns that you may be giving up important rights by signing. You have the right to have a lawyer review it before you sign, and declining to do so won’t invalidate the agreement.3Maryland Courts. Marital Settlement Agreement Form CC-DR-116 Property division terms become final once the divorce is granted and cannot later be changed by a court. Custody and child support terms remain modifiable.
File the Complaint
With the agreement signed, file a Complaint for Absolute Divorce using form CC-DR-020 in the circuit court for the county where you or your spouse lives.5Maryland Courts. Complaint for Absolute Divorce Form CC-DR-020 The complaint covers basic facts about the marriage, the ground you are relying on, and what you have agreed to on custody, support, alimony, and property. Attach the settlement agreement and, where it applies, the child support guidelines worksheet.
Filing fees typically run about $165 to $185 depending on the county. If you cannot afford the fee, request a waiver using form CC-DC-089.6Maryland Courts. Filing Fee Waivers
If you want your former name restored, say so in the complaint. The court can restore it as part of the decree at no additional cost.
Serve Your Spouse
After filing, your spouse must be formally notified of the case. You cannot deliver the papers yourself. Maryland allows three methods: certified mail, service by a sheriff or constable, or delivery by a private individual who is at least 18 and not involved in the case.7Maryland Judiciary. Service of Process Certified mail is the cheapest; sheriff service typically costs around $40 to $60. Whichever method you use, file proof of service with the court. Once served, your spouse files an Answer acknowledging the complaint and confirming agreement with the terms.
Complete Parent Education If Required
When minor children are involved, Maryland courts may require both parents to attend a parent education seminar before the divorce is finalized. These programs cover the impact of separation on children, co-parenting communication, and reducing conflict. The court in your county will provide details about approved programs, scheduling, and whether the seminar can be completed online. A missed seminar can delay your hearing date, so don’t put it off.
Attend the Hearing
Even in an uncontested case, Maryland requires in-person testimony before the divorce can be granted. In uncontested cases, testimony is typically taken before a magistrate rather than a judge, unless the court directs otherwise.8New York Codes, Rules and Regulations. Maryland Rules – Testimony in Divorce Cases The hearing is usually brief. The filing spouse testifies about when you were married, that you meet the residency requirement, and the ground for divorce. For a mutual consent case, the magistrate confirms that both parties signed the agreement voluntarily and understand its terms.
When the agreement involves children, the court independently evaluates whether custody, visitation, and support serve the children’s best interests. If the magistrate has concerns about any part of the agreement, they will raise them at the hearing. Assuming everything checks out, the court issues a decree of absolute divorce that formally ends the marriage and incorporates the settlement agreement.
Handle the Loose Ends After the Decree
Getting the decree is not the last step. A few things need attention right away.
Name restoration if you missed the complaint. If you didn’t ask for it in the original filing, you have 18 months after the divorce to file a Motion for Restoration of Former Name using form CC-DR-097 with the same court that granted the divorce. After 18 months, you’ll need a separate name change petition using form CC-DR-060, which has its own filing fee.9Maryland Judiciary. Divorce Part 7 – Restoring Your Former Name
Health insurance. A spouse covered under the other’s employer-sponsored plan loses that coverage when the divorce is finalized. Federal COBRA rules give the losing spouse the right to continue the same group coverage for up to 36 months, though you pay the full premium plus an administrative fee.10Centers for Medicare and Medicaid Services. COBRA Continuation Coverage Questions and Answers COBRA applies to employers with 20 or more employees.11U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers A divorce also triggers a special enrollment period, giving you 60 days to enroll in a marketplace plan or your own employer’s coverage without waiting for open enrollment.
Beneficiary designations and estate documents. Maryland’s divorce decree does not automatically revoke your will, powers of attorney, or beneficiary designations on life insurance, retirement accounts, and transfer-on-death registrations. If your ex-spouse is still named on a life insurance policy and you die before changing it, the insurance company may pay them regardless of what the decree says. Update these documents promptly.
Support enforcement if it becomes an issue. If your ex-spouse falls behind on child support, the Maryland Child Support Administration can help locate a noncustodial parent, process payments, and use enforcement tools like wage withholding and license suspension.12Maryland Department of Human Services. Child Support Services