Family Law (GFL) — Title 7. Divorce
Statutes in effect as of October 1, 2026.
Subtitle 1
If the grounds for the divorce occurred outside this State, a party may not apply for a divorce unless one of the parties has resided in this State for at least 6 months before the application is filed.
(a)
The court may decree an absolute divorce on the following grounds:
(1)
6–month separation, if the parties have lived separate and apart for 6 months without interruption before the filing of the application for divorce;
(2)
irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage; or
(3)
mutual consent, if:
(i)
the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to:
(1)
alimony;
(2)
the distribution of property, including the relief provided in §§ 8–205 and 8–208 of this article; and
(3)
the care, custody, access, and support of minor or dependent children;
(ii)
the parties attach to the settlement agreement a completed child support guidelines worksheet if the settlement agreement provides for the payment of child support;
(iii)
neither party files a pleading to set aside the settlement agreement prior to the divorce hearing required under the Maryland Rules; and
(iv)
after reviewing the settlement agreement, the court is satisfied that any terms of the agreement relating to minor or dependent children are in the best interests of those children.
(b)
Parties who have pursued separate lives shall be deemed to have lived separate and apart for purposes of subsection (a)(1) of this section even if:
(1)
the parties reside under the same roof; or
(2)
the separation is in accordance with a court order.
(c)
Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (3) of this section.
(d)
Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 6–month separation.
(e)
If a court decrees an absolute divorce on the grounds of mutual consent under subsection (a)(3) of this section, the court may:
(1)
merge or incorporate the settlement agreement into the divorce decree; and
(2)
modify or enforce the settlement agreement consistent with Title 8, Subtitle 1 of this article.
(f)
For purposes of subsection (a)(1) of this section, the “filing of the application for divorce” includes an oral amendment made by a party with the consent of the other party at a hearing on the merits in open court to a previously filed application for limited divorce filed before October 1, 2023, or absolute divorce.
(a)
This section applies to an action for divorce in which issues of child support, custody, or visitation are raised.
(b)
Prior to granting a decree of divorce, the court may require all parties to participate in an educational seminar that is designed to educate parents about the effects, and to minimize the disruption, of a divorce on the lives of children.
(c)
(1)
The Supreme Court of Maryland shall adopt rules to implement this section.
(2)
Rules adopted in accordance with this subsection shall:
(i)
provide for the content of the seminar required under this section;
(ii)
require successful completion of the seminar by all parties to the action within a certain time after the service of the original complaint upon the defendant;
(iii)
establish sanctions for failure to successfully complete the seminar required under this section;
(iv)
for purposes of funding the cost of the seminar, establish a fee that:
(1)
shall be assessed as costs; and
(2)
may be waived under appropriate circumstances; and
(v)
establish criteria for exemption from the requirement that the parties participate in an educational seminar, except that a court may not exempt the parties from attending the educational seminar if there is any evidence of domestic violence or child abuse or neglect.
(d)
The seminar required under this section may be provided under contract with a public or private agency.
(e)
Unless the parties stipulate otherwise, any information about a party, including statements or reports, obtained from an educational seminar required by this section, is not admissible during the action for divorce of that party.
(f)
This section may not be construed to require the parties to an action for divorce to attend the educational seminar together.
(a)
In and of itself neither of the following is a defense to or a bar to a divorce:
(1)
an unaccepted offer of reconciliation by a spouse; or
(2)
a rejected attempt at reconciliation by a spouse.
(b)
In and of itself neither of the following is a defense to, a bar to, or a ground for a divorce:
(1)
the refusal of a spouse to accept an offer of reconciliation made by the other spouse; or
(2)
the rejection by a spouse of an attempt at reconciliation made by the other spouse.
(a)
In granting a decree of absolute divorce or on motion of a party filed within 18 months after a final decree of absolute divorce is entered, the court shall change the name of the requesting party to either the name given the party at birth or any other former name the party wishes to use if:
(1)
the party took a new name on marriage and no longer wishes to use it;
(2)
the party asks for the change of name; and
(3)
the purpose of the party is not illegal, fraudulent, or immoral.
(b)
The provisions of Maryland Rule 15–901 relating to an action for a change of name do not apply to a change of name under this section.
The clerk of the circuit court for each county shall record all final decrees in proceedings for divorce in that county and keep the record readily accessible in some permanent form.
(a)
In this section, “reasonable and necessary expense” includes:
(1)
suit money;
(2)
counsel fees; and
(3)
costs.
(b)
At any point in a proceeding under this title, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.
(c)
Before ordering the payment, the court shall consider:
(1)
the financial resources and financial needs of both parties; and
(2)
whether there was substantial justification for prosecuting or defending the proceeding.
(d)
Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.
(e)
The court may award reimbursement for any reasonable and necessary expense that has previously been paid.
(f)
As to any amount awarded for counsel fees, the court may:
(1)
order that the amount awarded be paid directly to the lawyer; and
(2)
enter judgment in favor of the lawyer.