How Do You File for Divorce in Maryland If You Have Kids and a House?

A question we often hear is: “I want to file for divorce in Maryland, with children and a jointly owned home. What does that look like—what are residency requirements, how do they divide property, who keeps the house, what about custody?”

Divorce Basics in Maryland

• Residency requirement

  • If the reason for divorce occurred in Maryland, only current residence is needed.

  • If it occurred outside Maryland, one spouse must have lived in Maryland for at least six months before filing.

• Grounds

  • Mutual consent, six-month separation, or irreconcilable differences.

• Where to file

  • File in the Circuit Court of the county where either spouse lives, such as Baltimore, Annapolis, or Rockville.

• Process overview

  • Complaint → service → financial disclosures → settlement or trial → final decree.

Do You Need a Lawyer to Get a Divorce in Maryland?

• Not required, but recommended with kids and property.

• How a lawyer or mediator helps

  • Drafting settlement agreements.

  • Valuing marital home and assets.

  • Handling custody, alimony, and child support disputes.

  • Navigating titling and debt issues.

How Much Does It Cost to Get a Divorce in Maryland?

• Court filing and service fees.

• Attorney or mediator fees.

• Appraisal or valuation fees for home and retirement accounts.

• Custody evaluations if needed.

What About the House & Property Division for Divorce in Maryland?

• Maryland uses equitable distribution.

• Marital property includes nearly all assets acquired during the marriage, regardless of titling.

• Separate property includes gifts, inheritances, or premarital property not commingled.

• Factors considered

  • Contributions of each spouse financially and as homemaker.

  • Custodial needs of children.

  • Economic circumstances and health of each spouse.

  • Standard of living during marriage.

• Courts may award the custodial parent exclusive use of the family home for up to three years to maintain stability.

Custody, Parenting Time & Child Support for Divorce in Maryland

• Custody is based on the best interests of the child.

• Parents may submit a parenting plan, or the court decides.

• Child support follows Maryland guidelines, based on income and parenting arrangements.

• Custody, child support, and visitation may be included in the divorce complaint.

Things You Must Know About Getting Divorced in Maryland!

• Mutual consent divorce requires agreement on all issues, including custody and property.

• Separation may be recognized even if spouses live under one roof, if living separately.

• Exclusive use of the family home may be awarded to the custodial parent.

• Commingling of separate and marital property can affect division.

• Full financial disclosure is mandatory.

A Gentle Reminder About Divorce in Maryland

This post is for educational purposes only and is not legal advice. Divorce law differs across counties, from Baltimore to Annapolis to Rockville.

At Fresh Starts, you can search our Expert Guide by state to find Maryland attorneys, mediators, and custody professionals who can help you protect your kids and your home.