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Both “fault-based” and “no-fault” divorces are legal in Maryland. When you apply for a divorce based on fault, you argue that your marriage collapsed due to specific wrongdoing. Pursuing a fault-based divorce might extend the procedure and dramatically increase costs because your spouse will likely contest those allegations.

You may file for divorce if you meet Maryland’s residency and jurisdictional criteria. In Maryland, there typically is no waiting time before you can file for divorce. The sole exception is if you lived outside the state when your divorce was legally justified. If so, you or your spouse must have lived in Maryland for six months before filing for divorce.

You only need to be separated before you may file for or finalize a divorce in Maryland unless you’re doing so based on an 18-month separation (as was stated above).

Even so, many married couples eventually part ways after deciding to dissolve their union. If you’re considering doing that, consider whether it would be in your best interests to leave the family home before or after the divorce.

When you file your initial divorce application with the court, you will typically have to pay a fee. The filing fee in Maryland is $165 as of September 2022. However, that sum is subject to change. By submitting a “Request for Waiver of Pre-paid Costs,” you can petition the judge to waive court costs if you cannot pay them.

Beyond the filing fee, the price of your divorce will depend on your case’s particulars, particularly:

-Whether you can apply for an uncontested divorce, which would increase your chances of getting a DIY divorce because you and your spouse have already reached an agreement on all of the legal issues, and

-If you’ll need to engage a lawyer to handle your divorce, how much do they bill by the hour, and how long will it take them to settle your case’s problems?

Unlike many other states, Maryland does not need a waiting time before you may finalize your divorce. Similar to how much it will cost, the specifics of your divorce will determine how long it takes.

In most cases, an uncontested divorce takes two to three months. In Maryland, a magistrate must assess your settlement agreement during a final hearing to ensure you’ve fulfilled all the prerequisites for divorce. Therefore, scheduling that hearing could take longer if the courts in the county where you filed for divorce are experiencing backlogs (Md. Rules, rule 9-209 (2022)).

However, if your divorce is challenged, you’ll need to go through various legal proceedings that could extend the process by several months. Additionally, going to trial will take much longer—typically more than a year—if you and your husband cannot reach a settlement agreement.

According to the “equitable distribution” standard, judges should divide property according to what they deem fair in each case. Maryland courts share marital assets.

Usually, assigning a value to each asset is rather simple. But sometimes it can be difficult to divide some property. This frequently occurs in family-owned businesses, where a forensic accountant’s opinion may be necessary. Another illustration is the division of retirement savings, which requires consulting an expert.

In Maryland, all decisions regarding the legal and physical custody of children—including a judge’s decision on whether to approve the parents’ parenting plan—must be made with the best interests of the kids in mind.

When deciding who gets custody, judges will take many considerations into account. These considerations include the moral character and reputation of each parent, their wishes about child custody, and if they have voluntarily given up or abandoned the child.

The judges will also examine the children’s desires for custody. Generally speaking, the older a child is, the more likely it is that the judge will respect the child’s desires.

Like every state in the country, Maryland has regulations that contain specific principles for determining who is responsible for paying child support and how much that support should be. Learn everything there is to know about Maryland’s child support guidelines, including when support amounts may deviate from them.

When deciding whether to grant alimony in a Maryland divorce, the judge will take into account a number of variables, in addition to the sum and length of the payments. The length of the marriage is one of these elements. the age and physical and mental well-being of the partners, as well as the style of living during the marriage.

If the judge decides it is appropriate, temporary alimony may be granted while the divorce is still pending.

You and your husband can agree on handling the issues involved at any point in the divorce process—from before you file for divorce until just before trial. In actuality, courts actively promote settlements.

If everything has been resolved, you will often include all the specifics in a written divorce settlement agreement that will be incorporated into the final divorce decree.

You will need to go to trial to have a court settle those disagreements if you and your spouse can’t agree on one or more of the legal problems involved in dissolving your marriage. Your divorce will take longer and cost more if you must go to court. Therefore, it’s in your best interest to take all reasonable steps to reach an equitable settlement agreement for you and your husband, if possible.

You must persuade a judge that you fall under one of the limited reasons for nullifying a marriage to obtain an annulment. Maryland Code, Family Law 2-202 (2022).