Guide to Uncontested Divorce in Maryland

Uncontested / Simple Divorce in Maryland: How to Get a Mutual Consent Divorce (Plain English Guide)

If you and your spouse agree the marriage is over, Maryland offers a very direct no fault option: a Mutual Consent divorce. For many couples, it is the fastest path because it can let you file without waiting to complete a separation period first.

This guide explains how an uncontested divorce in Maryland works with a Mutual Consent first approach (and then covers 6 month separation and irreconcilable differences as backup paths). You will also see the key Maryland Judiciary form names and what to expect from the court process, including a brief uncontested hearing in many cases.

Important: PlainDivorce is not a law firm. This article is legal information only, not legal advice. Maryland rules, forms, and fees can change, and local Circuit Courts may handle scheduling differently. Always confirm current requirements with the Maryland Judiciary or a Maryland attorney if you are unsure.

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Table of Contents

• 1. What Is an Uncontested or Simple Divorce in Maryland?
• 2. The Mutual Consent Divorce (Primary, High Intent Path)
• 3. Backup Grounds: 6 Month Separation and Irreconcilable Differences
• 4. Who Qualifies: Residency + “Uncontested” Reality Check
• 5. Step by Step Process (With Maryland Form Names)
• 6. The Uncontested Hearing: What to Expect
• 7. Special Issues When You Have Children
• 8. How Long Does an Uncontested Divorce Take in Maryland?
• 9. What Does an Uncontested Divorce Cost in Maryland?
• 10. Where a Self Help Divorce Kit Fits
• 11. Final Thoughts and Next Steps

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1. What Is an Uncontested or Simple Divorce in Maryland?

Maryland does not officially label a case as a “simple divorce,” but people use that phrase to describe an uncontested divorce where:

• You both agree the marriage should end,
• You agree on all major issues (children, support, property, and debts), and
• Neither spouse is asking the judge to resolve a major dispute.

Under current Maryland law, an absolute divorce can be based on three no fault grounds: Mutual Consent, 6 month separation, or irreconcilable differences. This guide is organized to help you choose the best fitting path.

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2. The Mutual Consent Divorce (Primary, High Intent Path)

Mutual Consent is the option many DIY filers are searching for because it can allow you to file right away, without completing a separation period first, as long as you meet the requirements.

2.1 What you need for Mutual Consent

To qualify for a Mutual Consent divorce, you generally need a signed written agreement that resolves alimony, property and debts, and all issues about any minor children. The big update that helps DIY filers is that Maryland courts provide a standardized form called the Marital Settlement Agreement (CC-DR-116), which you can use as your written agreement in a Mutual Consent case.

Key form: Marital Settlement Agreement (CC-DR-116). (This is the form number people search to find the correct PDF.)

If one spouse files and the other later objects in writing before the divorce is granted, the Mutual Consent path can break down and you may need to proceed under another ground.

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3. Backup Grounds: 6 Month Separation and Irreconcilable Differences

If Mutual Consent is not available (for example, you cannot finalize a full written agreement yet), Maryland also allows no fault divorce based on:

• 6 month separation: you and your spouse have lived separate and apart for at least 6 months without interruption before filing. (Some couples may be considered separated even under the same roof if they truly live separate lives.)
• Irreconcilable differences: you believe the marriage should end for reasons that cannot be resolved.

These grounds can still be uncontested, but Mutual Consent is usually the first choice when you can meet its requirements.

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4. Who Qualifies: Residency + “Uncontested” Reality Check

4.1 Residency rule (where the ground happened matters)

To file in Maryland, at least one spouse must be a Maryland resident. If the ground for divorce happened outside Maryland, Maryland generally requires at least one spouse to have lived in Maryland for 6 months before filing. If the ground happened in Maryland, you generally need to be living in Maryland when you file.

4.2 When a DIY uncontested divorce may not be appropriate

Consider legal advice if there is domestic violence, intimidation, hidden assets, a major power imbalance, or serious disputes over children, support, or property. Even a “friendly” divorce can become risky if one spouse does not understand the financial picture or feels pressured.

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5. Step by Step Process (With Maryland Form Names)

Maryland procedures can vary by Circuit Court, but most uncontested cases follow a similar structure.

Step 1 – Finalize your agreement (Mutual Consent cases)

If you are pursuing Mutual Consent, your settlement agreement is the foundation of the case. The biggest DIY shortcut is using Maryland’s standardized Marital Settlement Agreement (CC-DR-116) instead of drafting a contract from scratch.

Step 2 – Prepare the required filing forms (Maryland form numbers people actually search)

• Complaint for Absolute Divorce (CC-DR-020) (the main initiating document)
• Civil Domestic Case Information Report (CC-DCM-001) (required case information form in many domestic filings)
• Marital Settlement Agreement (CC-DR-116) (Mutual Consent cases)

Financial forms (updated names): Maryland uses specific financial statement forms, and the correct one depends on whether child support and alimony or property issues are involved:

• CC-DR-030 (Financial Statement for Child Support Guidelines)
• CC-DR-031 (Financial Statement for Alimony and or Property)

The CC-DR-020 form itself explains the common threshold: when the parties’ combined income is $30,000 per month or less, the child support financial statement is commonly used, but if you are addressing alimony or property, the CC-DR-031 form applies.

Step 3 – File in the Circuit Court and pay the filing fee (or request a waiver)

You file your divorce in the Circuit Court for the county (or Baltimore City) where venue is proper. Filing fees vary by county and can change, so confirm the current amount with your clerk. If you cannot afford the fee, ask about the fee waiver process.

Step 4 – Service of process (unless your spouse accepts service)

After filing, the court issues a summons. You must ensure proper service (sheriff, private process server, certified mail where allowed) and then file proof of service. If service is incorrect, your case can stall.

Step 5 – Vital statistics hard stop (get the form from the clerk)

Maryland requires a vital records reporting form called the Report of Absolute Divorce or Annulment of Marriage. A key DIY detail is that this form is often not downloadable in the same way as court PDFs. Many filers must get it from the Clerk’s office (it may be multi part or special paper). If you skip it, your case can get delayed at the finish line.

Step 6 – Request the uncontested hearing date

Even uncontested cases often require a short hearing where at least one spouse gives basic sworn testimony. In many counties, you must take action to get onto the judge’s calendar. Some counties use statewide forms; others publish local scheduling instructions.

Step 7 – Final judgment

If the judge is satisfied that your ground is proven (Mutual Consent, 6 month separation, or irreconcilable differences), your paperwork is complete, and child arrangements are acceptable (if applicable), the court will enter a Judgment of Absolute Divorce.

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6. The Uncontested Hearing: What to Expect

Most uncontested hearings are short. You should be prepared to confirm your identity, answer basic questions about residency and your ground for divorce, and confirm any agreement was signed voluntarily.

Important update: Maryland court instructions state you are no longer required to provide corroborating testimony of a witness in a divorce case. That said, you still need to prove your ground through sworn testimony and complete paperwork, and you should follow any specific instructions from your local Circuit Court.

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7. Special Issues When You Have Children

When there are minor or dependent children, the court will look closely at custody and parenting time arrangements and child support calculations. Your financial statement and child support worksheets matter, even when both parents agree.

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8. How Long Does an Uncontested Divorce Take in Maryland?

The timeline depends heavily on which ground you use and how quickly your court schedules the uncontested hearing.

• Mutual Consent: often the fastest path because you can file as soon as the written agreement is signed and your paperwork is ready.
• 6 month separation: you must complete the 6 months of living separate and apart before filing.
• Irreconcilable differences: timeline depends on service, responses, and scheduling.

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9. What Does an Uncontested Divorce Cost in Maryland?

Common cost categories include:

• Filing fee to open a divorce case in Circuit Court (varies by county and can change)
• Service of process costs (sheriff or private process server), unless an alternative applies
• Copies and certifications if you need certified copies of the final judgment
• Optional: mediator fees or a one time attorney review of your settlement agreement

If you cannot afford court costs, ask the clerk about a fee waiver (often based on income) and use the current court forms for that request.

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10. Where a Self Help Divorce Kit Fits

A Maryland specific self help kit is most useful when you want a Mutual Consent roadmap (agreement → file → serve → schedule hearing → judgment) and checklists for the forms that most often delay DIY cases, including CC-DR-020, CC-DR-116, and the correct financial statement form.

Download Our Maryland Uncontested Divorce Self Help Kit

Our kits do not replace legal advice and cannot guarantee outcomes. They are designed to help organized, self represented people follow the process and reduce avoidable delays.

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11. Final Thoughts and Next Steps

If your goal is the simplest uncontested path in Maryland, start by asking: Can we complete a full settlement agreement? If yes, a Mutual Consent divorce is often the most direct option, especially now that Maryland provides a standardized Marital Settlement Agreement (CC-DR-116).

• Confirm residency and pick the best fitting ground.
• Prepare your agreement (Mutual Consent) and gather financial documents early.
• File CC-DR-020 and required case information forms, plus the correct financial statement form.
• Complete service correctly and keep proof.
• Do not forget the clerk provided Report of Absolute Divorce or Annulment of Marriage form.
• Request or schedule the uncontested hearing and show up prepared.

If you feel unsafe, pressured, or unsure about fairness, pause and speak with a Maryland attorney or a court help center before you sign anything or proceed.