Frequently Asked Questions – Filing for Divorce in Maryland

Before filing for divorce in Maryland, it is important to understand the process of filing for divorce and what effects that will have on your life. While the divorce process can be complex, there are a few basics that you should know before starting the process. Here are some frequently asked questions that the Greenberg Legal Group often receives about filing for divorce in Maryland:

How Do I Start The Process Of Filing For Divorce?

You start the process of filing for divorce in Maryland by filing a Complaint for Absolute Divorce with the Circuit Court which has jurisdiction over your case. By filing a Complaint for Absolute Divorce, you are opening a divorce case with the Circuit Court so that further proceedings can take place. The Complaint for Absolute Divorce should explain certain background details of your marriage such as the date you became married, if you have any children with your spouse, your grounds for divorce and the relief you are seeking from the Court.

Where Do I File For Divorce?

When you file your Complaint for Absolute Divorce, you must decide which county you want to file in. Of course, there are rules that govern which county or counties a person may file for divorce in to ensure that the parties have a connection to the county in which the divorce case is filed. Under Md. Code Ann., Cts. & Jud. Proc. § 6-202 (a), the plaintiff may file for divorce in the county in which they reside. For many people, this makes the most sense as they want their divorce case to be heard in the county they reside in and are familiar with. Alternatively, if your spouse resides in a different county than where you reside, Md. Code Ann., Cts. & Jud. Proc. § 6-201 allows you to file for divorce in the county that the defendant resides in.

How Long Will It Take To Get A Divorce?

The average divorce case lasts anywhere from 6 – 12 months. However, the timeline of your divorce case can be greatly affected by a number of factors including the complexity and number of issues in your case, if your case is resolved through an agreement or goes to trial and the availability of the Court to schedule your case through trial. In general, when people are able to resolve their differences through an agreement, this is going to make the divorce process go much more quickly as opposed to having a trial.

What Are My Grounds For Divorce?

As of October 1, 2023, there are three grounds for divorce in Maryland: i) mutual consent; ii) irreconcilable differences; and iii) six-month separation. In order to file for divorce, you must have “grounds” or a legal basis for doing so. In order to determine which grounds for divorce, if any, apply to your case, it is extremely important that you consult with an experienced attorney.

Robert Greenberg, Esq. and the law firm of Greenberg Legal Group LLC have extensive experience representing clients in divorce actions. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 650-4242 for further assistance.