How are Divorce Records Generated in Maryland?

In Maryland, divorce records are generated during and after the dissolution of a marriage or union. Statements, motions, and other documents generated during the divorce process are case files, while divorce decrees and certificates serve as proof of the 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 divorce details, 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 resolving some critical 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 implemented.

Couples may choose to have a separation or marital settlement agreement before filing for divorce or while waiting for their divorce to be finalized. This agreement may include details of child support, spousal support, property use, or ownership. Separation agreements may 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 filing.

The grounds for a limited divorce include:

• Cruelty and excessive vicious behavior
• Separation
• Desertion

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

• Adultery
• Mutual consent
• Insanity
• Imprisonment

The County Circuit Courts handle divorces in Maryland. A divorce is completed when the judge issues a Decree of Divorce and Annulment of Marriage. Divorce processes may 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 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. They are only for information purposes and do not contain all the information in the original court file.

The Division of Vital Records of the Maryland Department of Health officially verifies finalized divorces in Maryland. These may 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 spouse’s permission to access the Divorce Verification. The letter must be signed by either party to the divorce and 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 may 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 the divorce process until the divorce is finalized.

Verification of Divorce is acceptable by some government agencies as proof of divorce or annulment. For divorces or annulments finalized on or after January 1, 1992, the Division of Vital Records of the Maryland Department of Health issues Verification of Divorce forms. 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. Authorized persons from the Division of Vital Health may obtain verification of Divorce forms.

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 contains comprehensive details about a divorce. Such details may include child custody, spousal support, a 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 may be obtained in person, by mail, or online through Maryland Case Search and government-approved third-party websites.

Persons who require Verification of Divorce forms, which are 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 applicants 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 a Verification of Divorce form issued 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 with the required identification and applicable fees. In-person requests may be made at:

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

Copies of the Decree of Divorce and Annulment of Marriage may be obtained from the Circuit Court of the county in which the marriage was dissolved. Requests may be made in person or by mail. To request a 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 issuing a Decree of Divorce and Annulment of Marriage is $0.50 per page. Certified copies cost an additional $5.

Requests may 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 is named in the divorce record.

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

Are Maryland Divorce Records available online?

Some Maryland divorce case files may be available online through Maryland Case Search, but the details available remotely through Maryland Case Search are only for 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 containing child custody and financial information related to child support and alimony are inaccessible 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

The motion may be granted if the court determines that good cause is shown for filing. 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.