Timeline in Maryland

Three Grounds, Two With No Wait

Family Law § 7-103 now lists exactly three grounds for absolute divorce in Maryland, and all three are effectively no-fault. Mutual consent requires both spouses to sign a written settlement agreement covering alimony, property, and any child-related issues. The court also must be satisfied that any child-related terms serve the children's best interests. Irreconcilable differences lets the complainant simply state reasons the marriage cannot be saved. Neither of these two grounds carries a minimum separation period. A couple can file immediately once they have a complete agreement, or once irreconcilable differences exist. The third ground, six-month separation, is the only one of the three that requires time apart.

Living under the same roof can still count, as long as the spouses are otherwise living separate lives.

Residency: Depends on Where the Grounds Arose

Maryland's residency rule turns on where the reason for the divorce happened, not just where the spouses live now. If the grounds arose in Maryland, the rule is simple. The Maryland Judiciary's own guidance confirms either spouse just needs to be a Maryland resident at the time of filing, with no fixed number of days required beforehand. If the grounds arose outside Maryland, at least one spouse must have lived in Maryland for at least six months right before filing. That rule comes from Family Law § 7-101.

How an Uncontested Case Moves

Maryland's mutual consent ground works as the state's practical uncontested track, rather than a separately named summary-dissolution program. It is open to any couple, regardless of how long they were married or whether they have minor children. Both spouses just need to sign a complete written settlement agreement covering alimony, marital property, and any custody, support, or decision-making terms. They also need to complete a child support worksheet if applicable. Neither party can move to set the agreement aside. The court still has to be satisfied that any child-related terms serve the children's best interests before granting the divorce on this ground.

What Restarts or Delays a Case

Two of Maryland's three grounds have no built-in waiting period. What actually determines how fast a case moves is whether the spouses can complete a full settlement agreement, or agree that irreconcilable differences exist. A dispute that prevents a complete agreement pushes the case toward the six-month separation ground instead, which does require the full separation period to run. Statewide e-filing through MDEC became fully mandatory for attorneys as of May 2024, but it remains optional for self-represented divorce filers. A self-represented filer's choice between paper and electronic filing can affect processing speed depending on the county.