Are Divorce Records Public in Maryland?
Yes, divorce records are available to the public in Maryland. Members of the public can view and make copies of these records. However, only eligible persons can obtain certified copies of divorce records in Maryland. Such individuals include the persons named in the records, their immediate family members, and their attorneys of record.
While most divorce records are accessible to the public in Maryland, the state restricts access to certain records by default. Redacted and sealed parts of court records include the identities of minors, witnesses, and victims of domestic abuse. Similarly, financial statements and medical reports are removed from the public domain. A third party may only access these parts of divorce records with a valid court order granting them full access to those records.
How to Find a Divorce Record in Maryland
Maryland divorce records are official documents establishing the dissolution of marital unions in the state. In Maryland, spouses can commence divorce cases by filing original divorce papers in a Maryland circuit court. When a divorce is granted by a divorce court in the State of Maryland, dissolution of marriage (divorce) records are created for and issued to the divorced parties as evidence of their separation. Maryland maintains both divorce decrees and divorce case files. It also provides divorce verifications, a form of divorce certificate.
Divorce records are considered court records. They may, therefore, be searched on third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse. Because of this, divorce records, certificates, and decree availability is usually much lower than other types of public records because of the personal nature of divorces. Simply put, divorce records are significantly harder to obtain and search for than other types of public records.
Maryland Divorce Verification
A divorce verification is a vital record that establishes that two previously married individuals are divorced. It is issued by the Maryland Department of Health Division of Vital Records. Unlike divorce decrees, this type of record contains only basic information about the divorce, such as:
- Full names of divorced persons
- County of divorce
- Date of divorce
- Type of divorce action
Maryland divorce verifications/certificates are needed when divorced individuals are applying for name changes or new marriage licenses.
Understanding Maryland Divorce Decrees
A divorce decree is a court document that contains the final ruling of a divorce case. It also states the court-ordered terms of the divorce. This document is issued to divorced parties by the Clerk of Circuit Court where the final judgment was given. Before the final ruling can be made in a divorce proceeding, the divorcing parties must first file a divorce petition and answer with the court, sign the necessary original divorce papers, and attend a hearing if no divorce agreement is entered.
There are two types of divorce decrees issued in Maryland:
- Absolute divorce decree
- Limited divorce decree
The information provided by both of these divorce decrees is more substantial than the information provided by a divorce verification. Maryland divorce decrees provide the following information:
- Names of divorced persons
- Divorce case number
- Date of divorce
- State/county of divorce
- Final rulings/judgments (applicable to the type of divorce)
An absolute divorce decree is issued only when both parties have been fully and legally divorced. This type of divorce decree settles all issues related to the marriage dissolution by stating all court-ordered terms of the divorce. In addition to validating the dissolution of the union, it offers specific information about:
- Spousal support
- Child support
- Property division
- Child custody/visitation rights
- Restoration of surname
On the other hand, a limited divorce decree is issued to parties whose marriage is not fully dissolved because they do not meet the criteria set for absolute divorce. While this type of decree does not denote complete separation between both parties, it states court rulings on significant matters such as:
- Alimony
- Child support/custody
- Property divisions
Individuals can contact the circuit court of the county where a divorce was finalized to get a copy of the divorce decree. It might be possible to order a divorce decree online or in person.
Understanding Maryland Divorce Records
A divorce record is the complete case file of all divorce court proceedings during a trial. It includes divorce documents introduced and prepared in the course of a divorce case. It is the most comprehensive divorce record because it describes every step of the legal action that ended in the dissolution of the marriage. Documents found in a divorce case record include motions, summons, orders, investigative reports, financial and health assessments, evidence, divorce decree, and divorce papers in Maryland.
How to Find Public Divorce Records Online
Record seekers can find public divorce records online on the Maryland Department of Health Division of Vital Records’ website. Record seekers would have to provide information on the city where the divorce was granted, the date of divorce, and the reason for the request to be able to access divorce records online. Typically, an online public divorce search in Maryland costs $12 per copy and $11.75 for processing fees. Only the record holder or their spouse can access divorce records online. The average processing time for online orders of divorce records is between 3 and 5 weeks, depending on shipping. Additionally, one can search for divorce records in Maryland (records before 1980) online by using the Maryland State Archives’ search room, while divorce records after 1980 are available online or from the county circuit court where the divorce occurred.
Alternatively, individuals can access divorce records online via third-party websites. Most times, the search results are usually available in a matter of minutes, but a low-cost search fee must be paid.
How to Obtain Copies of Maryland Divorce Decrees
To obtain certified copies of a Maryland divorce decree, start by locating the Circuit Court in the county where the divorce was granted. Each Circuit Court has its request procedures, fee schedule for court records, and acceptable payment methods. Check the official website of the court of interest for these details.
Applicants must provide their valid photo IDs when requesting copies of divorce decrees. They must also provide the information needed to find the records they want, such as:
- Full names of two parties named in the divorce decree
- Divorce case number
- Place of divorce
- Divorce case number
The Maryland State Archives also maintains divorce decrees. Available records only include divorce decrees that have been transferred to the Archives from the Circuit Courts. Therefore, newer records may not be available at the State Archives.
Requesters may order certified copies of divorce decrees from the Maryland State Archives in person, online, or by submitting mail requests.
Use the Maryland State Archives Divorce Decree Order Form to submit a request online. Alternatively, complete and print the identical Divorce Decree Mail-in Order Form and then send it to:
Maryland State Archives
350 Rowe Boulevard
Annapolis, MD 21401
Maryland charges $25 for each certified copy of a divorce decree and accepts credit cards (MasterCard/Visa), money orders, and checks for payment.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How to Obtain a Maryland Divorce Verification/Certificate
To obtain a Maryland divorce verification, visit the Division of Vital Records of the Maryland Department of Health in person or send a mail request. Note that the Division of Vital Records only verifies divorces finalized on or after January 1, 1992.
Start a request by downloading and completing an Application for Verification of Divorce Record. Enclose a copy of a valid photo ID or two approved documents. Bring the completed application and ID to Maryland’s Division of Vital Records located at:
201 W. Preston Street
Baltimore, MD 21201-2399
Phone: (410) 767-6500
The Vital Records Office charges $12 for each divorce verification.
To submit a mail request for copies of a Maryland divorce verification, send the completed application form, photocopies of a valid ID, and a check or money order for total copy fees to:
Division of Vital Records
P.O. Box 68760
Baltimore, MD 21215-0036
Verifications for divorces finalized prior to January 1, 1992 are available at the various Circuit Courts of the state. Some counties make these records available at no cost to requesters.
How to Find Out if Someone is Divorced in Maryland
Publicly available divorce records are also managed and disseminated by some third-party aggregate sites. These sites are generally not limited by geographical record availability and may serve as a reliable jump-off point when researching specific or multiple records. However, third-party sites are not government-sponsored. As such, record availability may differ from official channels. The requesting party will be required to provide the following information to find a record using the search engines on third-party sites:
- The location of the record in question, including the city, county, or state where the case was filed.
- The name of someone involved, providing it is not a juvenile.
Does Maryland Recognize Common-Law Marriages?
Common law marriages created in Maryland are not recognized. This means that regardless of their living situation or history, a couple cannot derive legal rights from their relationship unless they enter into a legal agreement, such as a cohabitation agreement. A legal marriage, on the other hand, cannot be formed through a formal arrangement.
That said, Maryland recognizes common-law marriages formed in another state as long as the jurisdiction's standards are completed. Only a few states accept common-law marriages, including Alabama, Colorado, the District of Columbia, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah (after they have been certified by an administrator or court order). Georgia, Idaho, and Pennsylvania all accept common law marriages that occurred before a specified date. In New Hampshire, common-law marriages are recognized only in cases involving inheritance.
How to Get a Divorce in Maryland
It is quite complex to get a divorce in Maryland. Hence, it is better to get a lawyer to handle it. However, these are the steps a person must follow to get an uncontested divorce in Maryland:
STEP 1: Complete the Complaint for Absolute Divorce Form (CC-DR-020), which is available in the Maryland Courts.
STEP 2: Other court documents that must be submitted alongside the Complaint form are:
- Civil-Domestic Case Information Report (Form CC/DCM-001)
- Form CC-DR-030 Financial Statement (Child Support Guidelines)
- Form CC-DR-031 Financial Statement (General)
- Joint Statement of Parties Concerning Marital and Non-Marital Property (Form CC-DR-033)
- Marital Settlement Agreement
- Division of Vital Statistics, Report of Absolute Divorce or Annulment of Marriage
STEP 3: Submit the completed documents to the Clerk of the Court alongside the necessary fees. Individuals can contact the Clerk of the Court for the amount and form of payment accepted. This is because some clerk's offices do not accept personal checks. Individuals eligible for fee waiver can complete Form CC-DR-089 (Request for Waiver of Prepaid Costs).
STEP 4: All completed and signed forms and fees (or a Request for Waiver of Prepaid Costs) should be submitted to the appropriate circuit court clerk's office. At least two copies of all forms should be made before submission. A copy of all forms should be prepared for service to the opposing party, and another copy for the petitioner's records. The case number given by the clerk should be written on each form.
STEP 5: The Clerk of the Court issues a Writ of Summons to people whose divorce case has been filed and accepted. Hence, individuals must arrange for service of process of the Writ of Summons and copies of all forms and documents filed in the case.
STEP 6: After proper service of process is made, the defendant must file an answer within a timeframe, which varies depending on where the service was completed. For instance, the law prescribes 30 days to file an answer if the service happened within Maryland. While those served outside the state have 60 days to file an Answer, and those served in another county have 90 days. If this time elapses and no answer is filed, the petitioning spouse can submit a Request for Order of Default (Form CC-DR-054). A judge will grant this request if there is proof that the opposing party is not currently in the military and proof of service has been filed with the court.
STEP 7: Once an Answer or Order of Default is filed, the court will schedule a case conference or hearing. However, an individual can file a Request for Hearing or Proceeding (Form CC-DR-059) if they do not get a notification from the court within a reasonable amount of time.
STEP 8: Once the divorce case is scheduled for a hearing or trial date, interested persons can prepare the following forms as it relates to their case:
- Joint Statement of Parties Concerning Marital and Non-Marital Property (Form CC-DR-033): This document should be filed 10 days before the final trial date.
- Child Support Guidelines Worksheet (Worksheet A-Primary Physical Custody, Form CC-DR-034 or Worksheet B-Shared Physical Custody, Form CC-DR-035).
STEP 9: The next step is a hearing or trial where the defendant, plaintiff, and witnesses can testify. Any evidence that will be useful to the court can be presented, and copies of the evidence should be made.
STEP 10: The last step in getting a divorce in Maryland is to ensure a judge signs the final Judgment of Absolute Divorce form. This form can be obtained from the Clerk of the Court.
