Divorce Residency Requirements in Maryland: Who Can File and Where

By the FigureMyTax Editorial Team · How we calculate

Maryland requires six months of residence by one party when the grounds for the divorce occurred outside the state. An equity court, usually the circuit court, hears the case, and custody has a separate jurisdiction test.

What residence does a Maryland divorce require?

If the grounds for the divorce occurred outside Maryland, a party may not apply for a divorce unless one of the parties has resided in Maryland for at least six months before the application is filed (Md. Family Law 7-101). The section states no residence period when the grounds occurred in Maryland, and we did not read one elsewhere, so ask the circuit court clerk how venue and residence apply to you. The Maryland divorce timeline calculator adds six months to the date you enter.

Which court hears a Maryland divorce?

An equity court, which has jurisdiction over divorce, alimony, custody and support of a child (Md. Family Law 1-201(b)). In practice that is the circuit court; ask the clerk of the county where you or your spouse lives about filing there.

What does the equity court decide besides the divorce in Maryland?

In exercising its jurisdiction over custody, guardianship, visitation or support, the court may direct who has custody pendente lite or permanently, decide visitation, decide who supports the child, modify its orders and issue an injunction to protect a party from physical harm or harassment (1-201(c)).

Does residence decide custody jurisdiction too in Maryland?

No. Custody is decided on the child’s best interest under the custody factors (Md. Family Law 9-201), and the court needs its own jurisdiction over the child. See the Maryland parenting time calculator and ask a licensed Maryland attorney about the child’s home state.

What if the spouses were married elsewhere or separated elsewhere in Maryland?

The residence rule turns on where the grounds for the divorce occurred, not where the marriage took place. A separation that started outside Maryland can raise the six-month rule, so keep a record of where you lived apart.

Can I use the six-month separation ground while still living together in Maryland?

Yes if you have pursued separate lives: the parties are deemed to live separate and apart even under the same roof (7-103(b)).

What does the court do with the family home in Maryland?

On a divorce the court may award possession and use of the family home and family use personal property to one party or divide it, whoever holds title, considering the best interests of any child, each party’s interest and any hardship (8-208).

What proof of residence should I keep in Maryland?

A lease or deed, a Maryland driver license, voter registration and work and tax records that show when your Maryland home began. The statute asks only that one of the parties has resided in Maryland for at least six months before the application is filed.

How do the residence period and the separation period fit together in Maryland?

They are separate clocks. For example, a spouse who moved to Maryland on March 1 completes six months of residence on September 1. If the spouses separated on the same day and the grounds occurred outside Maryland, both periods end on September 1 and the application can be filed that day on the separation ground.

Frequently asked questions

How long must I live in Maryland to file for divorce?

Six months, for one party, if the grounds occurred outside Maryland.

Do both spouses have to live in Maryland to divorce there?

No. The residence rule asks only that one of the parties has resided in Maryland for six months.

Where do I file for divorce in Maryland?

In the circuit court, an equity court; ask the clerk of your county.

Does Maryland residency decide custody jurisdiction?

No. Custody has its own jurisdiction rules and follows the child’s best interest.

Does it matter where the Maryland marriage took place?

No. The residence rule looks at where the grounds for the divorce occurred.

Official sources

Going through a divorce or custody case in Maryland?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Maryland attorney

This is general information, not legal advice. It is based on the cited Maryland statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maryland attorney.