Maryland Divorce Residency Requirements

Updated October 13, 2026 · 1 min read · 2 sources

Short answer

To file for divorce in Maryland: no minimum if the grounds arose in Maryland; 6 months if they arose elsewhere. Waiting period: none for mutual consent or irreconcilable differences. You must still be able to show domicile, for example with a driver's license, voter registration or lease.

Moved recently and thinking about divorce? Residency rules decide whether you can file in Maryland yet.

At a glance

Question Answer
Residency requirement No minimum if the grounds arose in Maryland; 6 months if they arose elsewhere
Waiting period None for mutual consent or irreconcilable differences
Statute Md. Code, Fam. Law § 7-101

Why residency rules matter

A court needs jurisdiction to end a marriage. Filing before you meet the residency rule can get the case dismissed, costing time and filing fees. Residency is usually shown with a driver's license, voter registration, a lease or mortgage, or testimony. Military members stationed in a state are often treated specially; check the statute or ask the court clerk.

If you recently moved

  • Wait until you meet the residency period, then file.
  • File in the state where your spouse still lives, if that state's rules are met.
  • Consider legal separation, which in some states has a shorter or no residency requirement.

Child custody follows its own jurisdiction rules: generally, the child's "home state" where the child has lived for the last six months decides custody, which may differ from where the divorce is filed.

Next steps: how to file for divorce, what an uncontested divorce is and the divorce documents checklist. Unmarried couples should check whether a marriage exists at all: see Maryland common law marriage. A family lawyer can confirm where you should file.

Sources

  1. Divorce.law: Maryland divorce residency requirements
  2. Cornell Law School LII: Divorce

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

Related questions

Divorce residency requirements in other states