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Maryland Divorce Records

Divorce records in Maryland document the dissolution of a marriage and include the divorce verification, decree, and case files. These records, maintained by the Division of Vital Records and Court Clerks, are generally public under the Maryland Public Records Act, though some may be sealed to protect privacy. Maryland's divorce rate has fluctuated, with recent years showing a decline. In 2021, there were 16,080 divorces, primarily in the Baltimore Metro Area. Grounds for absolute divorce, allowed since October 2023, include mutual consent, separation, and irreconcilable differences.

To file for divorce, residency requirements must be met, and specific forms must be completed and filed with the court. Many divorces are settled through mediation; if unsuccessful, the case goes to trial, where a judge decides on issues like custody, alimony, and asset division.

Divorce verifications can be requested from the Division of Vital Records, while decrees are obtained from the Circuit Court. Requests can be made in person, by mail, or online through VitalChek; valid identification is required regardless of access method.

What are Divorce Records?

Divorce records in Maryland are official documents proving the dissolution of a marriage in the state. These records are generated from filing a divorce complaint or petition through the court proceedings until a judge's final judgment is issued. Hence, motions, orders, and statements in a divorce court proceeding can be accessed in divorce records.

In Maryland, divorce records come in three forms: divorce verification, divorce decree, and divorce case files. Divorce verification contains information, including the name of the divorced parties, the divorce date, and the Maryland county where the divorce was finalized. This record is domiciled with the state Division of Vital Health. Divorce case files are maintained by the Clerk of the Court in which the divorce was granted. They include the case docket number, petitions filed, responses, motions, and information on how the matter was finalized.

Are Divorce Records Public in Maryland?

Divorce records in Maryland are public records. Per the state's Public Record Act, divorce records are considered accessible to any member of the public who wishes to view them. The Maryland Public Records Act ensures transparency and accountability in government actions in order to promote confidence in the state's judicial system. However, in order to balance transparency in government proceedings with the privacy rights of individuals, some divorce records may be sealed. Maryland courts may permit the sealing of a divorce record in order to protect minor children of divorced parties from being identified, victims of domestic violence, and confidential business information.

Divorce Stats and Rates in Maryland

The divorce rate in Maryland, much like in other states in the United States, has experienced fluctuations over time. In the latter half of the 20th century, Maryland saw an increase in divorce rates, mirroring the national trend. In recent years, however, the divorce rate has shown signs of stabilization and even a slight decline, aligning with broader national patterns observed across the country. However, this may be the result of a decrease in marriage rates. In 2000, Maryland had a marriage rate of 7.5 per 1,000 residents. By 2022, about 5 marriages were recorded per 1,000 residents.

Maryland divorce statistics show that individuals in their third marriage have the highest divorce rate. In 2021, there were 16,080 divorces and annulments in the state. The Baltimore Metro Area had the highest number of divorces among all regions and sub political divisions in that year, with 7,278 divorces.

In 2022, divorce rates in the state had declined to 2.6 per 1,000 residents from 3.3 per 1,000 in 2000. Cumberland, Cambridge, Hampstead, Frostburg, and Hagerstown are some of the cities with the highest divorce rates in the state.

Grounds for Divorce in Maryland

Maryland divorce law changed in 2023, allowing only one type of divorce in the state—absolute divorce. Before then, Maryland courts permitted divorcing couples to obtain a limited divorce. Also called a limited divorce, the legal separation did not dissolve marriages completely; it provided temporary relief for settling the matters in a divorce, such as alimony, child custody, and child support.

Since October 2023, for a Maryland court to dissolve a marriage, at least one of the following legal grounds must apply:

  • Mutual Consent: The divorcing parties must both want to divorce and have a written agreement that settles all divorce matters
  • Separation: The spouses must have lived separately and apart for at least six months before filing for divorce. One spouse may live under the same roof as the other spouse if they pursue separate lives. If both spouses live separately and apart in accordance with a court order, that counts as separation. For instance, a Maryland court may order one spouse to leave the home pursuant to a protective order (domestic violence) case.
  • Irreconcilable Differences: If either spouse believes that the marriage should end for reasons that cannot be resolved.

How to File for Divorce in Maryland

In order to file for a divorce in Maryland, you must fulfill the state's residency requirement. The requirement states that one of the parties in the divorce must reside in Maryland. However, how long you are required to live in the state prior to filing the complaint depends on where the legal reasons for the divorce occurred. If the legal reason for the divorce occurred in Maryland, one of the spouses must be living in the state at the time of the filing. If the ground occurred outside of Maryland, one of the spouses must have resided in Maryland for at least six months before the filing date. If you are a United States Armed Services member, you may file for a divorce in Maryland if you established your residence in the state before entering the nation’s Armed Services. This permission applies even if you have not resided in Maryland since joining the US Armed Services.

Note that the server must complete an Affidavit of Service to prove service

  • File the Affidavit of Service: Your server must complete the Affidavit of Service as evidence that your spouse was served. File the Affidavit with the court

The Sheriff's office will file the Affidavit if they performed the service. You should seek legal advice if you cannot locate or serve your spouse.

  • Wait for Your Spouse's Response: Your spouse must legally respond to your service within a specific period. The deadlines are:
    • 30 days if served in Maryland
    • 60 days if served in another state
    • 90 days if served in another country

If the deadline passes and you do not get a response from your spouse, you may file a Request for Order of Default (CC-DR-054). If the court issues an Order of Default, the case may be concluded without your spouse's participation.

  • Discovery: If your spouse submits a response to your claim, the process proceeds to the discovery phase, where you and your spouse exchange financial information, such as bank statement information, tax returns, and property deeds. This ensures honesty and transparency in the financial aspects of the case to avoid future legal issues.
  • Mediation and Negotiation: Many divorces in Maryland are settled through mediation or negotiation, where you and your spouse work with a mediator to reach a fair agreement. If mediation is unsuccessful, the case may proceed to trial in the court, where a judge will decide on matters like child custody, alimony, and asset division.
  • Trial Preparation and Court Hearings: If mediation does not result in a settlement, you must prepare for trial by gathering evidence and preparing witnesses. During the trial, both parties present evidence and testimony, and the judge makes decisions regarding the divorce terms, including child custody, alimony, and asset division.
  • Finalizing the Divorce: After the divorce terms are agreed upon or decided by a judge, the judge issues a divorce decree, which finalizes the divorce and outlines the settlement terms.

Maryland Divorce Decree

A Maryland divorce decree is an official document issued by a Maryland court and signed by the judge presiding over a divorce matter containing the final judgment in a divorce case. This document contains the court-ordered terms of a divorce and typically includes the following:

  • Alimony payment
  • Custody of children shared in the marriage
  • Payment of child support
  • Division of property
  • Use of last name

How to Find and Access Maryland Divorce Records

The Division of Vital Records of the MDH (Maryland Department of Health) provides verifications of divorce occurring on or after January 1, 1992. Divorce decrees in the state can be obtained from the Clerk of the Circuit Courts where the divorces were finalized. The following persons may apply for a divorce record in the state:

  • The spouses named on the divorce record
  • Representatives of the spouses named on the record. The representative must show a letter stating they are authorized to obtain a copy of the divorce verification. The letter must be signed by either divorced party named on the record and certified by a notary public
  • Attorney representing either spouse named on the record. The attorney will require proof to prove they are a legal representative of either spouse

Note that you must present a valid, unexpired government ID with its issuance and expiration date. If you are unable to provide a valid photo ID, you must present two different pieces of alternative documentation.

Acceptable documents are:

  • Social security card
  • Current car registration
  • Pay stub
  • Lease/rental agreement
  • Letter from a government agency
  • Utility bill with
  • Copy of your income tax return or W-2 form
  • Bank statement

At least one of the documents listed above must contain your current mailing address.

If you are unable to provide a valid photo ID, you cannot obtain your requested record on the same day. In that case, your request will be mailed to the address provided on the application form.

You can obtain a Maryland divorce record in the following ways:

Offline Access

You can obtain a divorce verification in person or by mail. To get the record in person, visit the Maryland Division of Vital Records lobby. Note that the lobby is open to service customers by appointment only. You may book an appointment with the lobby via the DVR online booking system. You can obtain a divorce verification on the same day as you requested.

To request a divorce verification record by mail, submit a completed Application for Verification of Divorce Record and the applicable fee (made by mail orders are check or money order made out to the Division of Vital Records) to:

State of Maryland

Department of Health

Division of Vital Records

PO Box 68760

Baltimore, MD 21215

When applying for divorce verification by mail, enclose the requested information, copies of required identification, fee, and a self-addressed, stamped envelope in your submission.

If you want to obtain a copy of a divorce decree, you must contact the circuit court where the divorce took place.

Online Access

You can order divorce verifications online from the state's authorized third-party vendor -VitalChek. Visit the Maryland page on the VitalChek website to initiate the process. A first copy costs $12, and additional copies cost $12, while additional fees may apply for processing and shipping. Online orders may take 5 weeks to process with regular shipping. An expedited shipping service reduces the processing time to 3 weeks.

Records of Maryland Circuit Courts are available for public view. You can access unsealed divorce records using the Maryland Judiciary case search portal.

 

References

Counties in Maryland

List of Content

  1. What are Divorce Records?
    1. Are Divorce Records Public in Maryland?
      1. Divorce Stats and Rates in Maryland
        1. Grounds for Divorce in Maryland
          1. How to File for Divorce in Maryland
            1. Maryland Divorce Decree
          2. How to Find and Access Maryland Divorce Records
            1. Offline Access
            2. Online Access