How are Divorce Records Generated in Maryland?

In the state of Maryland, divorce records are generated in the process of the dissolution of a marriage or union and at the end of the process. Statements, motions, and other documents generated in the process of divorce are case files, while divorce decrees and certificates serve as proof of final judgment of divorce. Both records are issued at the end of the divorce process. There are 7.4 divorces per 1,000 women aged 15 and above in Maryland.

There are two types of divorce:

• Absolute divorce: in an absolute divorce, the marriage is legally ended. All the details of a divorce, such as child custody, child support, marital property, alimony, or financial support are resolved. After an absolute divorce, parties may remarry.
• Limited divorce: a limited divorce does not end a marriage, however, it allows for the resolution of some important issues such as child custody, health insurance, or financial support. Parties in a limited divorce may not remarry since they are still legally married. This could be because there is yet no legal reason or grounds for an absolute divorce. Marital property is typically not divided in a limited divorce, however, usage rules will be put in place.

Couples may choose to have separation or marital settlement agreement before filing for divorce or while waiting for their divorce to be finalized. This includes details of child support, spousal support, property use, or ownership. Separation agreements can be incorporated into a final divorce decree so that it becomes a legally enforceable court order.

To be eligible to file for divorce, one or both of the parties to the divorce must have lived in Maryland for at least six months before the time of filing.

The grounds for a limited divorce include:

• Cruelty and excessive vicious behavior
• Separation
• Desertion

In addition to above-listed grounds, other grounds for an absolute divorce are:

• Adultery
• Mutual consent
• Insanity
• Imprisonment

Divorces in Maryland are handled by the County Circuit Courts. A divorce is completed when the judge issues a Decree of Divorce and Annulment of Marriage. Divorce processes can take anywhere from three months to 18 months to complete, depending on several factors such as whether it is a mutual consent divorce. A divorce is considered final 30 days after the judge issues the Decree of Divorce and Annulment of Marriage.

Are Divorce Records Public in Maryland?

As provided by the Maryland law on Access to Court Records, some divorce records are public records. They are available for viewing through Maryland Case Search, an electronic system that provides public access to some case files. Records found on Maryland Case Search are not official copies. The records are only for the purpose of information and as such do not contain all the information in the original court file.

The Division of Vital Records of the Maryland Department of Health provides official verification of divorces that are finalized in Maryland. These can be obtained in person, by mail, or online through a government-approved third-party website. However, access to this record is restricted to:

• The parties in the divorce
• The attorneys representing the divorced parties
• A representative of either party named in the divorce record

Representatives must present a letter of permission indicating either of the spouses’ permission to access the Divorce Verification. The letter must be signed by either party to the divorce and must be certified by a notary public. Requesting attorneys must also present proof of representation of the divorce parties.

A Decree of Divorce and Annulment of Marriage can only be obtained by authorized parties from the Circuit Court at which the divorce was granted.

What are the types of Divorce Records available in Maryland?

Types of divorce records available in Maryland include Verification of Divorce, Decree of Divorce and Annulment of Marriage, and divorce case files. Divorce case files include statements, motions, and other documents generated from the beginning of a divorce process until the divorce is finalized.

Verification of Divorce is acceptable by some government agencies as proof of divorce or annulments. For divorces or annulments that were finalized on or after January 1, 1992, Verification of Divorce forms are issued by the Division of Vital Records of the Maryland Department of Health. These forms contain such information as the names of the divorced parties, the date the divorce was finalized or granted, the county where the divorce took place, and the type of divorce action. Verification of Divorce forms can be obtained by authorized persons from the Division of Vital Health.

A Decree of Divorce and Annulment of Marriage is issued after a judge has delivered a divorce or annulment judgment. It signifies the dissolution or nullification of a marriage and it contains comprehensive details about a divorce. Such details may include child custody, spousal support, property use agreement, asset division, and other terms and conditions of the divorce. Decrees of Divorce and Annulment of Marriage are maintained by and can be obtained from the Circuit Court at which the divorce was granted.

How Do I Get Divorce Records in Maryland?

Divorce records can be obtained in person, by mail, or on the internet through Maryland Case Search and government-approved third-party websites.

Persons who require Verification of Divorce forms, which is issued by the Division of Vital Health of the Maryland Department of Health, may submit an application form by mail to the division. Applications must be submitted together with photocopies of required identification, applicable fees, and a self-addressed, stamped envelope to:

Division of Vital Records
Department of Health
P. o.box 68760
Baltimore, MD 21215–0036

Accepted means of identification is a valid, government-issued photo identification that displays the dates of issue and expiration. For applications who are unable to present or provide valid photo identification, two different pieces of documentation must be provided as alternatives. The provided documentation must contain the applicant’s current mailing address. Acceptable documents include:

• Bank statements
• Utility bill
• Paystub
• Copy of income tax return
• Current car registration
• Lease or rental agreement
• Letter from a government agency requesting a vital record

The fee for the issuance of a Verification of Divorce form by mail is $12, and the fee for issuance through the internet is $11.75. The cost for expedited shipping is $18.50. Acceptable payment methods include money orders or checks payable to the Division of Vital Records, and cash.

Requests made by mail take three to four weeks to process, while requests made on the internet take 10 to 12 business days.

To make in-person requests, applicants must submit a completed application form together with the required identification and applicable fees. In-person requests can be made at:

Division of Vital Records
Department of Health
6764B Reisterstown Road
Baltimore, MD 21215–0036

Copies of Decree of Divorce and Annulment of Marriage can be obtained from the Circuit Court of the county in which the marriage was dissolved. Requests can be made in person or by mail. To make a request in person, applicants must present:

• The full names of both parties in the divorce
• The case number
• Cash, money order or check payable to the Clerk of the Court
• Valid photo Identification

The fee for the issuance of a Decree of Divorce and Annulment of Marriage is $0.50 per page. Certified copies cost an additional $5.

Requests can also be made by mail. A stamped, self-addressed envelope containing all the required documentation must be mailed to the Clerk of the Court in the county where the decree was issued.

Who Can Obtain Divorce Records in Maryland?

Only authorized persons may obtain divorce records in Maryland. This includes:

• Parties in the divorce
• Attorneys representing the divorced parties
• A representative of either party named in the divorce record.

Attorneys and representatives must present proof of identity and proof of representation. Representatives must provide a letter of authorization from one of the parties in the divorce, and the authorization must be certified by a notary public.

Are Maryland Divorce Records available online?

Some Maryland divorce case files may be available to view online through Maryland Case Search. However, details available remotely through Maryland Case Search are only for the purpose of information. These are not legal copies of divorce records. To obtain certified copies of divorce records, applicants must submit an application by mail or in person to the Division of Vital Records for divorce verification, and for divorce decrees, the Clerk of the Court in the county where the divorce was granted.

How Do I seal My Divorce Records in Maryland?

Case records that contain information such as child custody and financial information related to child support and alimony are not accessible to the public. However, interested parties may file a motion to seal parts or all of their divorce records. Possible reasons for filing a sealing motion include:

• Protecting the identity of children
• Protecting victims of domestic violence
• Protecting proprietary information
• Protecting other sensitive and financial information

If the court determines that good cause is shown for filing, the motion may be granted. However, entire divorce records cannot be sealed in Maryland. Parts of a divorce record that contain confidential or sensitive information may be eligible for sealing.