How Long Does a Divorce Take in Maryland?

Understanding the Maryland Divorce Timeline
Divorce is a major life transition, and many people wonder, “How long will my divorce take?” Several factors determine the answer. The process depends on whether the case is contested or uncontested, its complexity, and how smoothly legal proceedings move forward.
In Maryland, courts can finalize an uncontested divorce in 30 to 90 days when both spouses agree on key issues. Contested cases, involving child custody, alimony, or property disputes, take longer. Some divorces extend for months or over a year due to legal battles, court schedules, or an uncooperative spouse.
Understanding the Maryland divorce process duration helps set realistic expectations. This article explains how fast you can get a divorce in Maryland, common delays, and strategies to speed up the process. If you need a quick resolution or legal guidance through a complex case, an experienced Maryland divorce lawyer can help.
Two Types of Divorce in Maryland
The Maryland divorce timeline depends largely on whether the case is uncontested or contested.
Understanding the difference between these two types of divorce can help set realistic expectations about how long until a divorce is final in Maryland.
Uncontested Divorce in Maryland
An uncontested divorce occurs when both spouses agree on all key issues, including:
- Child custody and visitation
- Child support and alimony
- Division of assets and debts
- Property distribution
Because no major disputes exist, uncontested divorces move quickly. The couple submits a Marital Settlement Agreement, which outlines their terms.
Once filed, the divorce can be finalized in as little as 30 to 90 days, depending on the court’s schedule.
How Fast Can You Get a Divorce in Maryland?
The fastest way to get a divorce in Maryland is through an uncontested, no-fault divorce.
Recent legal changes eliminated the 12-month separation requirement, allowing couples to file immediately.
As long as both spouses cooperate and file correctly, they can finalize the divorce within a few months.
Contested Divorce in Maryland
A contested divorce happens when spouses disagree on one or more issues, requiring court intervention.
These cases often involve disputes over:
- Child custody and parental rights
- Spousal and child support payments
- Division of property, including homes, businesses, or retirement accounts
- Allegations of abuse, infidelity, or financial misconduct
Because negotiations take longer, a contested divorce can last several months to over a year.
If the case goes to trial, it may take even longer due to court schedules and legal complexities.
Contested vs. Uncontested Divorce: Maryland Timeline Comparison
Divorce Type | Estimated Timeframe | Factors Affecting Timeline |
---|---|---|
Uncontested Divorce | 30–90 days | Court availability, filing accuracy, spouse cooperation |
Contested Divorce | Several months to over a year | Custody battles, property disputes, trial proceedings |
A contested divorce takes longer because both sides must gather evidence, negotiate terms, and attend hearings.
In some cases, mediation or court-ordered evaluations add extra time to the process.
Which Divorce Option is Right for You?
The faster and less stressful option is an uncontested divorce, but not all couples can agree on everything.
If disputes arise, working with a knowledgeable Maryland divorce lawyer can help protect your rights and keep the case moving forward.
Legal Timelines and Maryland’s Divorce Laws
Understanding Maryland’s divorce process duration requires knowing the legal requirements that impact how long until a divorce is final in Maryland. Recent changes in Maryland law have simplified the process, but certain factors, such as residency and grounds for divorce, still affect the divorce waiting period in Maryland.
No-Fault Divorce in Maryland
As of October 1, 2023, Maryland eliminated fault-based divorces, making the process more straightforward. Now, couples can file for a no-fault divorce without proving misconduct such as adultery, cruelty, or desertion.
To file for a no-fault divorce, spouses must meet at least one of the following criteria:
- Mutual Consent – Both parties agree to end the marriage and settle all issues.
- Six-Month Separation – The couple has lived apart for at least six months, regardless of mutual agreement.
- Irreconcilable Differences – The marriage has broken down beyond repair, with no requirement for separation.
These changes allow couples to file and finalize a divorce much faster, especially if they agree on key issues.
Residency Requirements for Divorce in Maryland
Before filing for divorce, at least one spouse must meet Maryland’s residency requirement:
- If the grounds for divorce occurred in Maryland, either spouse may file at any time.
- If the grounds occurred outside Maryland, one spouse must have lived in the state for at least six months before filing.
Filing in the correct jurisdiction is essential. Delays can occur if the case is filed in the wrong court, requiring refiling and additional processing time.
How the New Laws Affect the Maryland Divorce Timeline
Before 2023, Maryland required a 12-month separation for many no-fault divorces. The recent changes eliminate this waiting period for most cases, allowing couples to file immediately.
Divorce Law (Pre-2023 vs. Current) | Impact on Timeline |
---|---|
Fault-Based Grounds Required | No longer required, reducing delays in proving misconduct. |
12-Month Separation Period | No longer required, allowing immediate filing for divorce. |
Contested Cases with Separation | Still requires legal proceedings if disputes exist. |
With the updated laws, filing and finalizing a divorce in Maryland is now much faster for couples who agree on major issues. However, contested cases involving child custody, property division, or financial disputes may still take longer.
How an Attorney Can Help Navigate Maryland’s Divorce Laws
Even with simplified divorce laws, mistakes in filing or negotiating terms can prolong the process. A skilled Maryland divorce attorney ensures that:
- Paperwork is filed correctly and on time.
- All legal requirements are met to avoid delays.
- Clients understand their rights and responsibilities.
If you’re considering divorce, consulting with an attorney can help ensure the process moves as quickly and efficiently as possible.
Step-by-Step Divorce Process in Maryland
The Maryland divorce process duration depends on how efficiently each step is completed. While uncontested divorces move quickly, contested cases require additional legal proceedings, which extend the timeline. Below is a breakdown of each stage of the process and how long each step typically takes.
1. Filing the Complaint for Divorce (1–2 weeks)
The divorce process begins when one spouse (the plaintiff) files a Complaint for Absolute Divorce in the appropriate Maryland Circuit Court. The court will assign a case number and schedule the next steps.
- If filing based on mutual consent or irreconcilable differences, no waiting period applies.
- If the case is contested, additional documentation and legal filings may be required.
Once filed, the court usually processes the complaint within one to two weeks. However, court backlogs may cause delays.
2. Serving Divorce Papers (Varies, Usually a Few Weeks)
The plaintiff must serve the defendant with a copy of the divorce papers. This can be done through:
- Personal service by a sheriff or private process server.
- Certified mail with return receipt requested.
- Consent to service, if the other spouse agrees to accept the papers.
The defendant has 30 days to respond if they live in Maryland, 60 days if they live in another state, and 90 days if they live outside the U.S. Failure to respond can result in a default judgment, allowing the divorce to proceed uncontested.
3. Response and Negotiation (Varies, Can Take Months)
If the divorce is uncontested, both spouses can submit a settlement agreement and request a hearing date. If the case is contested, the defendant may file a counterclaim, leading to negotiation, mediation, or trial preparation.
- Uncontested divorces move quickly, with a final hearing scheduled within 30–90 days.
- Contested divorces require negotiations that may take several months or longer.
4. Mediation or Settlement Discussions (If Needed, 1–6 Months)
Maryland courts encourage spouses to settle disputes outside of court whenever possible. Mediation can resolve conflicts involving:
- Child custody and visitation
- Division of marital assets and debts
- Spousal and child support
Mediation can take anywhere from a few weeks to several months, depending on the complexity of the issues and how willing both parties are to compromise.
5. Court Hearings and Trial (Varies, Can Extend Over a Year)
If no settlement is reached, the case proceeds to a court hearing or trial. The Maryland divorce timeline depends on:
- The complexity of the case.
- The availability of the court.
- The number of witnesses and legal arguments presented.
Uncontested divorces rarely require a trial, while contested cases may involve multiple hearings spread out over months. If the case is highly contentious, it may take over a year before a final ruling is issued.
6. Final Divorce Decree (30 Days to Over a Year)
Once all issues are resolved, the judge signs a Final Divorce Decree, officially ending the marriage. The timeline varies based on the case type:
Divorce Type | Finalization Timeline |
---|---|
Uncontested Divorce | 30–90 days after filing |
Contested Divorce (No Trial) | 3–9 months |
Contested Divorce (Trial Required) | 9 months to over a year |
After the decree is issued, both parties must comply with the terms outlined in the court order, including child support, custody arrangements, and division of assets.
Avoiding Delays in the Maryland Divorce Process
Delays often occur due to:
- Incomplete paperwork or filing errors.
- Disagreements over custody, finances, or property.
- Unresponsive or uncooperative spouses.
- Court backlogs that slow down hearing dates.
Working with a skilled Maryland divorce attorney ensures the proper steps are followed, reducing the risk of delays and helping finalize the divorce as efficiently as possible.
Common Delays in the Divorce Process
Even when spouses want to finalize their divorce quickly, unexpected delays can slow the process. The Maryland divorce timeline depends on multiple factors, including court availability, legal disputes, and cooperation between spouses. Below are the most common causes of delays and how they affect how long until a divorce is final in Maryland.
1. Court Backlogs and Processing Delays
Maryland courts handle thousands of family law cases each year, leading to scheduling delays. Even uncontested divorces can take longer if the court is dealing with:
- High case volumes – More cases mean longer wait times for hearings.
- Limited judicial resources – Some courts have fewer judges, delaying case resolutions.
- Post-pandemic caseload increases – Backlogs from previous years still affect scheduling.
If the court has a full docket, hearings may be scheduled months apart, significantly extending the divorce waiting period in Maryland.
2. Child Custody and Parenting Disputes
Divorces involving children often take longer due to disputes over:
- Legal and physical custody arrangements
- Visitation schedules and parental rights
- Child support obligations
Maryland courts prioritize the child’s best interests, meaning additional steps—such as custody evaluations, mediation, and court hearings—may be required. These extra steps can add months to the timeline.
3. Spousal Support and Property Division Conflicts
When spouses cannot agree on how to divide marital assets or determine spousal support, the case becomes more complicated. Common sources of conflict include:
- Division of retirement accounts, investments, and real estate
- Spousal support payments (amount and duration)
- Hidden assets or disputes over financial disclosures
Cases involving significant assets or businesses may require forensic accounting, further extending the Maryland divorce process duration.
4. Uncooperative or Unresponsive Spouse
One spouse may intentionally delay the process by:
- Ignoring legal notices
- Refusing to respond to court filings
- Withholding financial information
If a spouse fails to respond within the required timeframe, the filing party can request a default judgment. However, this process can still take additional months, especially if the court allows extensions.
5. Mistakes in Paperwork or Filing Errors
Incorrect or incomplete legal documents can result in delays, requiring corrections or resubmissions. Common errors include:
- Failing to serve papers correctly
- Missing required documentation
- Errors in financial disclosures
Each mistake requires additional time to fix, which can extend the Maryland divorce timeline.
6. The Need for a Divorce Trial
If mediation and settlement negotiations fail, the case proceeds to trial. A trial can take several months to over a year, depending on:
- The complexity of the issues
- The number of witnesses or expert testimonies required
- Court availability
Even after a ruling, either party may appeal the decision, adding even more time to the divorce process.
How to Minimize Delays and Speed Up the Process
To avoid unnecessary delays, consider the following strategies:
- Work toward an uncontested divorce – Resolving disputes outside of court significantly reduces how long until a divorce is final in Maryland.
- Hire an experienced family law attorney – A knowledgeable Maryland divorce lawyer ensures paperwork is correct and handles legal challenges efficiently.
- Be proactive in negotiations – Addressing potential disputes early can prevent drawn-out court battles.
- Use mediation whenever possible – Alternative dispute resolution speeds up settlements without the need for litigation.
While some delays are beyond your control, working with a skilled legal team helps navigate the Maryland divorce process efficiently.
How to Speed Up the Divorce Process
Many people want to finalize their divorce as quickly as possible. While some delays are unavoidable, there are proven strategies to help reduce the Maryland divorce timeline and avoid unnecessary complications. Below are key steps to keep the process moving efficiently.
1. Choose an Uncontested Divorce Whenever Possible
The fastest way to get a divorce in Maryland is through an uncontested case. When both spouses agree on major issues such as child custody, property division, and spousal support, the process moves significantly faster. An uncontested divorce typically:
- Requires fewer court appearances, if any.
- Eliminates the need for prolonged negotiations or litigation.
- Can be finalized within 30 to 90 days in most cases.
Couples who can reach a mutual agreement before filing can significantly reduce the divorce waiting period in Maryland.
2. Use Mediation to Resolve Disputes
When disputes arise, mediation is often faster and less stressful than litigation. A neutral mediator helps both spouses negotiate an agreement on:
- Child custody and visitation schedules
- Division of marital assets and debts
- Spousal and child support payments
Mediation is typically completed within a few months, whereas a contested divorce can take over a year. Courts often require mediation before scheduling a trial, so starting early can prevent unnecessary delays.
3. Ensure All Paperwork is Correct and Complete
Court delays often occur due to errors in filing or missing documentation. To avoid setbacks:
- Complete all required forms accurately.
- Ensure financial disclosures are thorough and transparent.
- Follow proper service of process procedures.
Mistakes in paperwork may require re-filing, adding weeks or months to the Maryland divorce process duration. An experienced Maryland divorce lawyer can ensure that all legal documents are filed correctly the first time.
4. Cooperate with Your Spouse When Possible
Spouses who remain civil and cooperative experience fewer delays than those who engage in disputes. Cooperation can help:
- Avoid prolonged court battles.
- Reduce the need for multiple hearings.
- Finalize the divorce in a matter of months instead of years.
Even in difficult situations, staying focused on practical solutions rather than emotional conflicts can help both parties move forward faster.
5. Stay Organized and Responsive Throughout the Process
Divorce cases slow down when one or both parties fail to meet deadlines or delay responding to legal requests. To keep things moving:
- Respond to court notices and attorney communications promptly.
- Provide requested financial documents without unnecessary delays.
- Keep track of all court dates and deadlines to avoid rescheduling.
6. Hire an Experienced Divorce Attorney
Navigating the Maryland divorce timeline alone can be overwhelming. Hiring a skilled family law attorney helps:
- Avoid mistakes that could cause delays.
- Ensure that legal rights are protected.
- Speed up negotiations by handling disputes effectively.
A lawyer with experience in Maryland family law understands how to streamline the process, resolve issues efficiently, and keep your case moving forward.
Final Thoughts: Take the Right Steps to Speed Up Your Divorce
While some divorce delays are unavoidable, choosing the right approach can make a significant difference in how quickly the process is completed. Uncontested cases, mediation, and legal guidance all help reduce the Maryland divorce process duration.
If you’re looking to finalize your divorce as quickly as possible, contact a Maryland divorce lawyer today to discuss your case.
The Role of a Divorce Attorney
Navigating the Maryland divorce process can be complex, especially when disputes arise over child custody, property division, or financial support. An experienced divorce attorney helps streamline the process, ensuring that your rights are protected and delays are minimized.
How a Maryland Divorce Attorney Helps
An experienced divorce lawyer provides essential legal guidance at every stage of the process. Their role includes:
- Ensuring all paperwork is correctly filed – Mistakes in legal documents can delay the divorce. An attorney ensures accuracy and compliance with Maryland court requirements.
- Protecting your rights and interests – Whether negotiating custody, assets, or alimony, a lawyer works to secure the best possible outcome for you.
- Handling negotiations and settlements – A divorce attorney can mediate disputes, preventing unnecessary court battles that extend the Maryland divorce timeline.
- Representing you in court if needed – If a case goes to trial, legal representation is critical for presenting evidence, making arguments, and advocating for your best interests.
Avoiding Costly Mistakes in the Divorce Process
Divorce involves legal and financial decisions that can have long-term consequences. Without proper guidance, mistakes can lead to:
- Unfair custody agreements that do not reflect your parental rights.
- An unfavorable division of property and assets.
- Unexpected financial obligations, such as excessive spousal support payments.
Having an experienced Maryland divorce lawyer ensures that all agreements are legally sound and in your best interest.
Can You Get a Divorce Without an Attorney?
Maryland law does not require a lawyer for divorce. However, handling a case alone—especially if it involves child custody, high-value assets, or disputes—can lead to delays, errors, and unfavorable outcomes. Even in an uncontested divorce, a lawyer can ensure:
- The proper legal steps are followed.
- The settlement agreement is fair and enforceable.
- There are no loopholes or missing details that could cause legal issues later.
While some people attempt DIY divorces, mistakes in paperwork or settlement agreements can be costly to correct. Consulting a family law attorney can help you avoid these risks.
Finding the Right Maryland Divorce Lawyer
When choosing an attorney, look for someone with experience in Maryland family law and a strong track record in handling divorce cases. The right lawyer should:
- Understand Maryland’s divorce laws and court procedures.
- Have experience handling cases similar to yours.
- Provide clear communication and a strategy to achieve your goals.
At The Burton Firm, our legal team provides personalized representation to help clients through every stage of the divorce process.
Experienced Legal Guidance Makes a Difference
Divorce is a life-changing event, and having the right legal support can make the process easier and more efficient. Whether you need guidance on uncontested divorce paperwork or representation in a complex contested case, working with an experienced Maryland divorce lawyer ensures that your case is handled properly and with your best interests in mind.
If you’re considering divorce, contact us today for a consultation. We’ll help you understand your options, protect your rights, and move forward with confidence.
Take the Next Step Toward Your Maryland Divorce
Understanding the Maryland divorce timeline helps set realistic expectations for the process. While uncontested divorces can be finalized in as little as 30 to 90 days, contested cases often take longer due to disputes over child custody, support, and property division. Maryland’s updated divorce laws have made filing easier, but delays can still occur due to court backlogs, uncooperative spouses, and legal complexities.
The best way to navigate the divorce process efficiently is to work with an experienced family law attorney who can help you avoid unnecessary delays, protect your rights, and ensure the best possible outcome.
Contact an Experienced Maryland Divorce Lawyer Today
If you are considering divorce, now is the time to seek legal guidance. At The Burton Firm, we are committed to providing personalized legal representation to help you move forward with confidence.
Schedule a Consultation
Let us help you streamline the process and find solutions tailored to your situation. Contact us today to schedule a consultation. Call us or visit our Maryland divorce lawyer page for more information.