How to File for Divorce in Maryland Without a Lawyer

Individuals in Maryland (MD) considering divorce without a lawyer (pro se) should understand the state's specific legal framework. While our practice is in Michigan, this article provides a general overview for those navigating Maryland's system. Always refer to official Maryland Judiciary resources and local county court information, as procedures can differ.

Key Aspects of a DIY Divorce in Maryland

Maryland has distinct rules for divorce. We outline some fundamental points for self-represented litigants.

Grounds for Divorce and Residency

Maryland offers both "no-fault" and "fault-based" grounds for absolute divorce. A common no-fault ground is a 12-month separation, where spouses have lived separate and apart without cohabitation for 12 continuous months before filing. Another is mutual consent, available if parties have a written settlement agreement resolving all issues and no minor children in common (or have resolved custody/support). We stress that you must meet the criteria for the ground you choose. Residency requirements typically mean one spouse has lived in Maryland for at least six months before filing if the grounds occurred outside MD, or if grounds occurred in MD, one spouse must be a current resident.

The initial pleading is typically a "Complaint for Absolute Divorce." The Maryland Judiciary website offers extensive resources, including forms and guides for self-represented litigants. We highly recommend using these official materials.

Filing and Service Procedures

After completing the Complaint and other required documents (like a Civil Domestic Case Information Report and financial statements), you file them with the Circuit Court Clerk in the county where either spouse resides or where the defendant is regularly employed or has a place of business. A filing fee is required, with waivers possible for financial hardship. We advise keeping meticulous copies.

The defendant (your spouse) must be officially served with the Complaint and a Summons. This can be done by a sheriff, a private process server, or by certified mail with restricted delivery in some cases. If your spouse cooperates, they might sign an "Answer" or a "Waiver of Service." We recommend strict adherence to service rules.

Marital Settlement Agreements and Finalization

If you and your spouse agree on all issues (property, alimony, custody if applicable), you will create a "Marital Settlement Agreement" (MSA). This legally binding contract details all terms. Both parties sign the MSA, and it's submitted to the court. We find that a comprehensive and clear MSA is vital for an uncontested divorce.

For mutual consent divorces, if all requirements are met, the process can be relatively quick, often requiring a brief court hearing. For other grounds, even if uncontested, a hearing is usually necessary. We caution that any contested issues significantly complicate the process, making legal representation extremely important in Maryland's court system.