Maryland Divorce Records

Divorce rates in Maryland have remained fairly steady over the years, with current data indicating that the state has a divorce rate of approximately 2.7 divorces per 1,000 people, slightly higher than the national average (2.4 per 1,000).

Maryland is a no-fault divorce state, meaning that married couples are not required to prove marital misconduct before being granted a divorce. Divorces in the state may be granted on one of three grounds - mutual consent, separation of at least six months, and irreconcilable differences. Divorce costs in Maryland can vary widely by case, depending on factors like attorney fees, court costs, the need for mediation, whether the divorce is contested or not, and the complexity of the issues being disputed. Nonetheless, you can expect to pay an average of $11,165 (per spouse) to get divorced in the Old Line State (this figure is also higher than the national average, which is around $9,969).

Are Divorce Records Public in Maryland?

Divorce records are generally considered public records under the Maryland Public Information Act, meaning that any interested member of the public can typically access and obtain copies of these records. However, while Maryland divorce records are readily accessible to interested parties, sensitive information contained within these records may be restricted from public disclosure. These typically include details related to minor children and domestic violence protective orders, financial information like social security numbers and bank account details, and divorce records that have been sealed by court order.

What Is Included in Maryland's Divorce Records?

In Maryland, the term "divorce records" is generally used to refer to any official document generated about a divorce proceeding initiated in the state. There are two main types of Maryland divorce records, namely:

• Divorce Decrees: These are formal court orders that finalize the divorce proceeding and officially dissolve the marriage. Divorce decrees may sometimes be referred to as "judgments of divorce" or "final judgments", and they typically outline the terms of the divorce, such as alimony payments, child custody arrangements, child support payments, and property division. These records are maintained locally by the Circuit Court that handled the divorce case.
• Verifications of Divorce: These documents are generated and maintained at the state level by the Maryland Department of Health, and they serve as official proof of a divorce proceeding. Verifications of divorce may sometimes be referred to as "divorce certificates" and they typically contain basic information, such as the names of the divorcing couple, the date the divorce was finalized, the county where the divorce took place, and the type of divorce action.

How Do I Find Maryland Divorce Records?

Maryland divorce records may be accessed locally through Circuit Courts and also at the state level through the Maryland Department of Health. Some common reasons for accessing and obtaining certified copies of these records include:

• To serve as legal proof of your divorce status, especially for remarriage purposes
• To facilitate a name change
• To update your marital status with government agencies and/or financial institutions
• To modify or enforce custody and support-related court orders
• To update wills, trusts, and other estate planning documents
• To apply for certain benefits or claims

Look Up Maryland Divorce Certificate

The Maryland Department of Health (MDH) issues verifications for divorces that occurred on or after January 1, 1992; these verifications serve as official proof of the divorce. However, access to these documents is restricted to the parties named on the record, their attorneys, and authorized representatives (of either party).

Eligible parties may obtain a Verification of Divorce by mailing an Application for Verification of Divorce Record Form to the MDH's Division of Vital Records at:

There is a non-refundable $12 fee per verification requested. Payments must be via check or money order (made payable to the Division of Vital Records), and should be mailed with the completed form, along with a valid ID and a self-addressed, stamped envelope. Note that additional documentation may be required. For instance, attorneys must provide proof that they represent either spouse named on the record, while authorized representatives must provide a signed and notarized letter stating that they have permission to obtain the record.

Requests are typically processed within six weeks. Inquiries may be directed to the MDH's Division of Vital Records at (410) 764-3038.

Look Up Maryland Divorce Decree

Maryland divorce decrees are maintained by the Clerk of the Circuit Court in the county where the divorce was granted. Copies of these records may be accessed by contacting the appropriate Clerk's Office and submitting a record request. Request submissions can typically be made in in-person or by mail (most counties offer pdf request forms for this) or online (through the court's website). You will usually need to provide details like the names of the parties involved in the divorce and the approximate date or year of the divorce, and pay a copy fee - this is usually 50 cents per page for uncertified copies and $5.50 for certified copies.

Look Up Maryland Divorce Court Records

You may obtain copies of documents contained in a divorce case file, such as the initial complaint/petition for the divorce action, settlement agreements, and other court orders, through the Clerk of the Circuit Court (in the county where the divorce was filed). You will need to provide sufficient information to allow the clerk's office to locate the case file, such as the names of the parties and the approximate date of filing, and pay all applicable copy fees. You may also access some divorce case information online using the Maryland Judiciary's Case Search platform. Note that this platform is provided for information purposes only; certified copies of court records can only be obtained directly from the clerk's office.

Can You Seal Divorce Records in Maryland?

Divorce records may be sealed in Maryland at the request of a party involved in the case. Record sealing is typically done to protect sensitive personal, financial, or proprietary information, as well as to ensure the safety and privacy of the parties involved, particularly in cases involving allegations of domestic violence or the welfare of minor children.

To request the sealing of your divorce records, you must file a motion to seal with the Circuit Court that handled the divorce case. This generally involves the following steps:

• Complete a Petition to Seal or Otherwise Limit Inspection of a Case Record (Form CC-DC-053)
• File the petition, along with any necessary supporting documentation, with the Circuit Court that heard the case
• Notify your ex-spouse and other relevant parties named/involved in the case (this is usually done by sending them copies of documents filed with the court). Note that these parties are typically allowed to object to the petition

Once all the paperwork has been properly filed, the judge will review the petition and may schedule a hearing. If the motion is granted, an order will be issued instructing that the records be sealed. It is important to note that the decision to seal divorce records is ultimately at the discretion of the judge, who will weigh the public's right to access court records against the privacy interests and potential harm that could result from public disclosure.

How Long Does a Divorce Take in Maryland?

Maryland does not have a mandatory waiting period between when a divorce is filed and when the divorce decree may be issued. Divorces in the state can take anywhere from a few months to over a year, depending on the specifics of the case. In uncontested divorces, where both parties have reached a full and voluntary agreement on all issues, including property division, alimony, child custody, and child support, the divorce process can be relatively swift and may be completed within a few months of filing. However, contested divorces, where the parties disagree on one or more significant issues, typically take longer to resolve - sometimes up to a year or more.

Does Maryland Require Separation Before Divorce?

Couples in Maryland do not have to be separated before filing for divorce. However, couples who wish to file for divorce on the grounds of separation must have "lived separate and apart" for at least six months.

How Are Assets Split in a Maryland Divorce?

Maryland follows the principle of equitable distribution when dividing marital property in a divorce. Marital property in the state refers to property acquired by either spouse during their marriage, regardless of how the property is titled or who paid for it. However, it does not include gifts or inheritances made to only one spouse and property that both parties agree are not marital.

During the divorce, the court will determine which property is marital property and the overall value of this property before splitting it between both parties. The goal of this division is to ensure that each spouse is awarded a fair, but not necessarily equal, portion of their marital property. To this end, the court will consider various factors when determining a fair division, including:

• The monetary and non-monetary contributions of each party to the well-being of the family
• The duration of the marriage
• The economic circumstances of each party at the time of the property division
• The circumstances that led to the divorce
• The age and physical and mental condition of each party

Who Gets Custody of a Child in Divorce in Maryland?

In divorce cases where children are involved, the best interests of the child (their health, safety, and overall welfare) are the primary consideration when custody decisions are being made. Maryland recognizes two main types of custody:

• Legal Custody: This deals with "decision-making authority" and refers to the right and responsibility to make major, long-term decisions about the child's upbringing, such as education, healthcare, care, and religious training. Legal custody may be sole, where one parent has the exclusive right to make these decisions, or joint, where both parents share this responsibility by working together to handle the care and upbringing of the child (even if the child lives with one parent). This is usually the favored option unless the court determines that joint custody would not be in the child's best interests.
• Physical Custody: This deals with "child access/visitation" and refers to where the child will live and how much time they will spend with each parent. Physical custody may also be sole, where the child lives with one parent while the other has visitation rights, or shared, where the child spends a substantial (but not equal) amount of time with each parent.

In custody cases, parents are required to submit a parenting plan that outlines how they intend to raise the child after the divorce and covers key aspects like legal and physical custody, as well as communication and conflict resolution. If both parents cannot agree on key issues, the court will schedule a custody trial before making its decisions. Several factors are usually considered when determining the child's best interests, including each parent's fitness, character, and reputation, as well as the child's preferences.

Both parents are presumed to have equal rights to the custody of their children, and the court does not automatically favor the mother or father when making custody decisions. However, there have been observed biases towards mothers being favored in custody decisions. Recent data on child custody decisions across the country indicate that fathers in Maryland are likely to receive 26.1% parenting time after a divorce, lower than the national average of 35%.