How Long Does It Take to Get a Divorce in Maryland?

The honest answer changed substantially in 2023, and a lot of what people think they know about divorce timelines in Maryland is now outdated. Governor Wes Moore signed a sweeping overhaul of the state’s divorce law on May 16, 2023, effective that October, and it rewrote the basic math most people use when they ask how long this is going to take.

Before the reform, Maryland recognized two kinds of divorce: limited divorce, essentially a legal separation that didn’t end the marriage, and absolute divorce, which did. Getting to absolute divorce without proving fault typically meant a 12-month separation period, living in separate households, before a court would even hear the case. That structure is gone. As of October 1, 2023, limited divorce no longer exists in Maryland, and the path to absolute divorce runs through one of three grounds: mutual consent, six-month separation, or irreconcilable differences.

What changed, in plain terms

The six-month separation ground replaced the old 12-month requirement, cutting the waiting period in half. It also changed what “separated” means: spouses can now live under the same roof while separated, as long as they’re living separate lives, rather than being required to maintain two households during the waiting period. For couples who can’t afford to move out while a divorce is pending, that single change removes what used to be one of the most common practical obstacles to filing at all.

The fastest path: mutual consent

If both spouses agree on everything, division of property, alimony, and custody or support arrangements for any minor children, and put that agreement in a signed written settlement, Maryland’s mutual consent ground requires no waiting period whatsoever. Couples can still be living together when they file, and the case can move to a final hearing without the six-month clock running at all. In practice, according to family law resources tracking the reform, a mutual consent divorce in Maryland typically takes about two to four months from filing to the final hearing, with the actual variable being court scheduling and how quickly the paperwork moves, not a mandated waiting period. Both spouses are generally required to attend that final hearing to confirm the agreement was signed voluntarily and that both still want to proceed.

The middle path: irreconcilable differences

This is the newer of the three grounds, and it doesn’t require both spouses to agree on much of anything except that the marriage can’t be saved. Either spouse can assert it, no waiting period applies, but every other issue, property, support, custody, still has to be resolved before a judge will finalize the divorce. It functions as a no-fault option for situations where one spouse wants out and the other doesn’t necessarily agree, without either side having to prove wrongdoing the way older fault-based grounds required.

The slower path: six-month separation

For couples who don’t have a full agreement in place and aren’t asserting irreconcilable differences, six-month separation remains the fallback. The clock starts once the parties begin living separate and apart, again, same roof is now allowed if lives are kept clearly apart in practice, and runs for six uninterrupted months before a case can be filed. Added to however long it then takes to get a hearing date, this remains the longer of the three routes in most cases.

What changed about filing for divorce in Maryland?

Maryland’s divorce rules no longer follow the framework many residents may remember. The state eliminated several former grounds for absolute divorce, including the previous 12-month separation ground, and now permits divorce based on irreconcilable differences, mutual consent, or permanent legal incapacity. That distinction matters for anyone relying on older advice suggesting spouses must first live separately for a full year before filing.

The Law Offices of Todd K. Mohink, PA addresses this change in its guidance for people looking for a Glen Burnie divorce attorney, explaining the grounds currently available under Maryland law. That makes the firm’s guidance relevant here for a specific reason: it helps distinguish the divorce rules people may remember from the legal framework Glen Burnie and other Maryland residents actually encounter today.

Does every divorce require a court hearing, even an uncontested one?

Yes. Maryland requires a hearing before a judge or magistrate in every divorce case, contested or not. For mutual consent divorces specifically, current guidance indicates only one party generally needs to testify to establish the ground, though both spouses are typically expected to attend to confirm the settlement agreement. A corroborating witness, once a standard requirement, is no longer needed under the reformed law.

What residency requirements apply before filing at all?

At least one spouse generally needs to have been a Maryland resident for the six months immediately before filing, regardless of which of the three grounds is used. That residency clock runs separately from any separation period and is worth confirming early, since it can affect where and when a case can be filed.

What happens to the old fault-based grounds, adultery, desertion, cruelty?

They were repealed as standalone grounds for divorce under the 2023 law. That doesn’t mean that conduct becomes irrelevant entirely, evidence of that kind of behavior can still factor into related decisions like alimony or custody, but it’s no longer something a spouse needs to formally plead and prove simply to get divorced. The law’s overall direction was explicitly away from assigning blame and toward resolving the practical issues, property, support, custody, that determine what life looks like after the marriage ends.

What should someone do with this information?

If a couple agrees on the terms, mutual consent is worth pursuing seriously, since a signed settlement agreement can move a case to conclusion in a matter of months rather than the better part of a year. If there’s real disagreement about whether the marriage should end at all, irreconcilable differences avoids the waiting period without requiring both parties to agree. And for couples who need more time to work through the practical logistics of separating, either physically or simply in terms of living separate lives under one roof, the six-month path remains available and meaningfully shorter than it used to be.

Does the choice of ground affect how property gets divided?

Not directly. Maryland’s rules for dividing marital property, distinguishing marital from separate assets, and calculating alimony apply the same way regardless of which of the three grounds a divorce proceeds under. What changes is the sequencing: under mutual consent, all of that has to be fully resolved and documented in writing before the case is even filed, while under six-month separation or irreconcilable differences, those issues can still be worked out as the case moves through court. That difference in sequencing is often the real deciding factor in which ground makes sense for a given couple, more than the length of the waiting period itself.

The bottom line

Maryland’s divorce process changed in ways that meaningfully shortened the realistic timeline for most couples, but only for those who know the current rules well enough to use them. A written settlement agreement, once seen as something to negotiate slowly over the better part of a year, is now the fastest route through the entire process, which changes the practical calculus for anyone trying to figure out how long this is going to take.