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Rule 9-209.Testimony

Last amended January 1, 2019 · Current through June 1, 2026 · Last verified September 8, 2026

In one sentenceRule 9-209 requires live testimony before a magistrate or in open court before a divorce, annulment or alimony judgment may be entered.

Full Text of Rule 9-209

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A judgment granting a divorce, an annulment, or alimony may be entered only upon testimony in person before a magistrate or in open court. In an uncontested case, testimony shall be taken before a magistrate unless the court directs otherwise.
Cross reference: For the requirement of oral testimony by the plaintiff in a divorce action, see Code, Family Law Article, § 1-203 (c). For default procedures, see Rule 2-613.
Source: This Rule is derived from former Rules S73 and S75 a.
End

Amendment History

Maryland publishes each rule’s adoption and amendment record as a bracketed “Credits” note beneath the rule, giving the date of each Rules Order and the date it took effect. It is reproduced verbatim below.

[Adopted March 5, 2001, eff. July 1, 2001. Amended Sept. 17, 2015, eff. Jan. 1, 2016; Oct. 10, 2018, eff. Jan. 1, 2019.]

Plain-English Summary

Two sentences, and they close a door. A judgment granting a divorce, an annulment or alimony may be entered only upon testimony in person before a magistrate or in open court. Paper alone will not do it, even where nobody objects.

In an uncontested case, that testimony is taken before a magistrate unless the court directs otherwise. The cross references point to the statutory requirement of oral testimony by the plaintiff in a divorce action, and to the default procedures.

Frequently Asked Questions

Can I get divorced in Maryland without appearing?

Not without testimony. A judgment granting a divorce, annulment or alimony may be entered only upon testimony in person before a magistrate or in open court.

Who hears an uncontested divorce?

A magistrate, unless the court directs otherwise.

Does a default judgment avoid the testimony requirement?

No. The rule applies to the entry of the judgment itself, and cross-references the default procedures rather than excepting them.

Source & verification. The rule text and amendment history are reproduced verbatim from the Maryland Rules, Title 9 — Family Law Actions (Md. Rule 9-209). Adopted by the Supreme Court of Maryland. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source
Also known as: Maryland uncontested divorce testimonydivorce hearing required Marylandtestimony before magistrate divorcecan I divorce without appearing