Uncontested vs. Contested Divorce in Maryland: Simplified Procedures and Mandatory Steps

By the FigureMyTax Editorial Team · How we calculate

In Maryland an uncontested divorce can proceed on mutual consent with a full written settlement agreement and no separation period. A contested divorce uses the separation or irreconcilable differences grounds, and the court decides property and custody.

What is the same in an uncontested and a contested Maryland divorce?

The residence rule when the grounds arose outside Maryland and the grounds list in Md. Family Law 7-103. The Maryland divorce timeline calculator gives the same filing date for both.

Item	Agreed (uncontested)	Disputed (contested)
Ground	Mutual consent or irreconcilable differences	Six-month separation or irreconcilable differences
Waiting period	None for mutual consent	Six months apart for the separation ground
Settlement	A signed agreement on alimony, property and the children is required for mutual consent	The court decides what the spouses cannot settle
Children	The court must be satisfied the child terms are in the children’s best interests	Best interest factors decide custody
Property	Agreed, including any monetary award	Marital property determined and valued, then equitable adjustment

How does mutual consent work in Maryland?

The parties execute and submit a written settlement agreement signed by both that resolves alimony, the distribution of property including the relief in 8-205 and 8-208, and the care, custody, access and support of minor or dependent children; attach a completed child support guidelines worksheet if support is included; neither party may file a pleading to set the agreement aside before the divorce hearing; and the court must be satisfied that the child terms are in the children’s best interests (7-103(a)(3)). The court may merge or incorporate the agreement into the decree (7-103(e)).

Is reconciliation a defense in Maryland?

In and of itself, an unaccepted offer of reconciliation or a rejected attempt at reconciliation is neither a defense to nor a bar to a divorce, and a refusal to accept an offer of reconciliation is not a ground for divorce (7-104).

Can the court decide property after the divorce is granted in Maryland?

If there is a dispute over whether property is marital, the court determines it when it grants the divorce, within 90 days after if it expressly reserves the power in the decree, or later if it reserved the power, extended the time and the parties consent (8-203(a)).

What can the court order about the home while the case is pending in Maryland?

On a divorce, annulment or limited divorce, the court may decide that one party has the sole possession and use of the family home and family use personal property, or divide possession and use, and may exercise these powers pendente lite, considering the best interests of any child, each party’s interest in continuing to use the property and any hardship (8-208).

Who decides ownership disputes over property in Maryland?

When the court grants a divorce it may resolve any dispute about the ownership of personal and real property, and as to property both parties own it may order partition or a sale and a division of the proceeds; apart from the monetary award provisions it may not transfer ownership from one party to the other (8-202).

What changes in a contested Maryland divorce?

The court decides what the spouses cannot settle: marital property and the monetary award under 8-205, alimony and custody on the child’s best interest. See the Maryland property division calculator and the Maryland parenting time calculator.

Frequently asked questions

Does an uncontested Maryland divorce need a settlement agreement?

For the mutual consent ground, yes: a signed written agreement resolving alimony, property and the children.

Can Maryland spouses divorce by mutual consent without a waiting period?

Section 7-103 names no waiting period for mutual consent.

Can a Maryland court divide property after the divorce?

Yes, if it expressly reserves the power in the decree and acts within 90 days, or later with consent.

Is a rejected reconciliation a defense in a Maryland divorce?

No, not in and of itself.

Can a Maryland court give one spouse the family home during the case?

Yes. It may decide possession and use of the family home pendente lite.

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.