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Divorce Waiting Period in Maryland

In Maryland, an absolute divorce can be granted for a 6-month separation, irreconcilable differences, or mutual consent with a signed settlement agreement, so living apart is one option rather than a requirement.

Last checked . General information, not legal advice.

Maryland at a glance

Separation required
No, 6 months apart is one ground
Irreconcilable differences and mutual consent need no separation; separation can count while living under the same roof.

Sources

Last checked

The rules in Maryland

Do spouses have to live apart before a no-fault divorce in Maryland?

Separation required in Maryland: No, 6 months apart is one ground. Irreconcilable differences and mutual consent need no separation; separation can count while living under the same roof.

Where do the Maryland divorce waiting periods come from?

The rules above come from Md. Code, Fam. Law 7-103. Each source is linked on this page. We last checked them in October 2026.

Good to know

Maryland's current grounds reflect a 2023 overhaul; the statute refers to applications for limited divorce filed before October 1, 2023.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.