Maryland Divorce Records

Maryland divorce rates have fluctuated over time. Currently, its divorce rate stands at 2.6 divorces per 1,000 persons. In recent years, the state has reported divorce rates as high as 3.6 per 1,000 people and 1.6 per 1,000 residents. Although ethnicity influences the divorce rate in Maryland, other factors such as income, marital age, and education level are significant enough to determine the likelihood of a divorce.

The U.S. national rate for divorces stands at 2.4 per 1,000 people, slightly under the Maryland divorce rate. Maryland has a slightly higher divorce rate compared to its neighbors, Pennsylvania and Delaware, with divorce rates of 2.2 and 2.3 per 1,000 respectively.

Divorce records in Maryland are created and kept by the Circuit Courts of the respective counties. Maryland has different types of divorce records, including:

• Divorce Case File: It includes all documents and motions filed during the divorce process.
• Divorce Decree: The document issued by the courts that officially ends the marriage. It specifies the terms of the divorce.
• Divorce Certificate: A less detailed document confirming the end of the marriage.
• Settlement Agreement: It outlines how the couple's assets, debts, child custody, and child support will be divided.

Divorce records, containing all the files, documents, and information gathered during the divorce proceedings are generally considered public records in Maryland. However, access to sealed or sensitive information on divorce records is unavailable to the public.

What Are the Residency Requirements for Divorce in Maryland?

Generally, Maryland does not have a residency requirement for filing divorce petitions if the breakdown of the marriage occurred in the state. Therefore, you may file for divorce at any time if you are a resident of the state. However, per Section 7-101 of the Maryland Statutes, if the marriage breakdown happened outside Maryland, it's necessary that either your spouse or you resided in the state for a minimum of one month before the application was filed.

What Are the Grounds for Divorce in Maryland?

Maryland transitioned to a no-fault divorce system as of October 1, 2023. In a no-fault divorce, neither party needs to prove that the other is responsible for the breakdown of the marriage. Instead, the spouse may state that the marriage is irretrievably broken or cite irreconcilable differences as the reason for the divorce. Therefore, couples seeking to attain a divorce within Maryland are no longer required to prove wrongdoing.

Under Maryland's updated divorce law, specifically Section 7-103 of the Maryland statutes, the courts can grant an absolute divorce based on the following grounds:

• Mutual Consent: Divorce by mutual consent may be granted if both parties sign and submit a written agreement where key issues such as alimony, property division, and child custody are addressed and agreed on.
• Six Months Separation: Couples who have lived apart consistently for at least 6 months are eligible to file for divorce. The separation may occur before filing the divorce application.
• Irreconcilable Differences: This justification for divorce focuses on the fact that the marriage has suffered irreparable harm, and reconciliation is not possible. The evidence of specific misconduct is not required to apply for or grant the divorce.

While Maryland has eliminated fault-based divorce, other states still recognize it. In a divorce based on fault, one spouse alleges misconduct that led to the breakdown of their marriage. Common fault grounds include the following:

• Abandonment or desertion
• Adultery
• Felony conviction
• Substance abuse
• Cruelty

How Much Does It Cost To File for Divorce in Maryland?

When you file your divorce petition in court, you will pay the filing fee. It costs about $165 to file your divorce papers. However, this fee excludes other costs associated with the process of divorce. The national average cost of divorce in the U.S. is $9,969, significantly lower than Maryland's average, which is upwards of $11,000. Maryland's divorce cost is similar to that of its neighbors, Pennsylvania and Delaware, with an average cost of divorce of around $11,000 and $12,000, respectively.

Beyond the filing fees, other costs associated with divorce include:

• Attorney fees
• Mediation and counseling fees
• Expert witness costs
• Child support payments
• Alimony
• Custody and visitation evaluations
• Division on joint debts

How Long Is the Waiting Period to attain a Divorce in Maryland?

Maryland has a 365-day waiting period for no-fault divorces. However, if both parties agree to an uncontested divorce, the court may grant an absolute divorce immediately without requiring a waiting period. The waiting period, also called the cooling off period, is the waiting time you go through after filing for divorce and the court granting the final divorce judgment.

Separation period differs from the waiting period. The separation period is a duration where spouses live apart before they are eligible to file for divorce. Maryland's separation period is six months.

How To File for Divorce in Maryland

Filing for divorce involves several steps, which may vary depending on whether the divorce is contested or uncontested.

• Determine and fulfill the residency requirement of the state.
• Complete the Complaint for Absolute Divorce form. This form initiates the divorce process.
• File out the Civil-Domestic Case Information Report form. The form provides information about the parties to the divorce.
• File the petition documents with the appropriate Circuit Court, usually in the county where you or your spouse resides, and pay the filing fees.
• Serve the divorce papers. Typically, the respondent has 30 days to respond if served within Maryland. Maryland law allows 60 days to respond to divorce papers served in another state.
• In instances when your spouse does not respond, you may file a Request for Order of Default.
• Attend required hearings. For uncontested divorce, a brief hearing is scheduled to finalize the divorce. If a dispute exists, multiple hearings may be necessary to resolve pending issues.

For more accurate information and resources on navigating divorce in Maryland, you may utilize the Court Help tool provided by the Maryland Court System.

Are Divorce Records Public in Maryland?

Divorce records are generally considered public records per the Maryland Public Information Act. Divorce records are accessible to the public unless the record is restricted by law or a court order. Usually, members of the public may view basic information about divorce cases, such as the names of the parties and the location of the divorce.

However, sensitive details such as financial agreements, child custody arrangements, and personal identifiers, including Social Security numbers, are restricted from public view. Likewise, sealed divorce records are confidential and unavailable to the public. Nonetheless, persons named on the divorce records, their attorneys, and persons with a court order may access sealed or confidential divorce records.

How To Get Certified Copies of a Divorce Decree in Maryland

Divorce decrees are the official court documents that finalize the divorce. It details the court's decisions on matters like property division or child custody and support. To obtain certified copies of the divorce decree in Maryland, submit a written request by mail or in writing to the Clerk of the Circuit Court in the county where the divorce was finalized and pay the required fees. It costs $5.50 per certified copy. Processing time varies per courthouse. Generally, this may take up to 6 weeks.

Divorce certificate, also called verification of divorce in Maryland, differs from divorce decrees. Divorce certificates provide basic information about the divorce and are usually accessible at the Maryland Department of Health's Division of Vital Records. Divorce verifications cost $12 and may be processed within 5 to 12 weeks, depending on the method of request.

Divorce Settlement: Is Maryland a 50/50 Maryland?

Maryland is not a 50/50 community property state. Instead, it follows the principle of equitable distribution when dividing marital property following a divorce. In equitable distribution, the courts aim to distribute marital property fairly, not equally. The courts consider several factors to determine what is fair for both parties. These factors may include:

• The length of the marriage
• The financial and non-financial contributions of each spouse
• The age, health, and earning capacity of each spouse
• Any prior agreement between the spouses
• The circumstances leading to the divorce
• The economic circumstances of each spouse at the time of the divorce

In community property states, all assets and debts acquired during the marriage are typically split 50/50 between the spouses, regardless of their individual circumstances. Usually, all assets acquired before the marriage are excluded when dividing the couple's assets.

FAQs About Divorce Process In Maryland

The following are answers to questions typically asked about the divorce process in Maryland.

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