Filing for divorce in Maryland can be a complex and emotionally challenging process, but the assistance of an experienced Maryland divorce attorney can help guide you through the process.
To file for an absolute divorce in Maryland, you must have a ground (or basis) on which to file. As of October 1, 2023, there are only three grounds for an absolute divorce in Maryland:
- 6-month separation
- Irreconcilable differences
- Mutual consent
If your situation satisfies one or more of the three grounds for an absolute divorce, you can file a Complaint for Absolute Divorce in the appropriate Maryland Circuit Court. All divorce cases in Maryland must be filed in the Circuit Court, not the District Court. For more information regarding the appropriate city or county in which to file your Complaint for Absolute Divorce, read more here.
The first step in starting divorce litigation is filing a Complaint for Absolute Divorce. A Complaint for Absolute Divorce should include the following:
- Residency information – where you and your spouse each reside
- Information regarding your marriage – when you were married (date of marriage ceremony), where you were married (county of marriage ceremony), and whether you were married by a civil ceremony or religious ceremony
- Information regarding children – the name(s) and age(s) of any children in common with your spouse
- Identification of other cases – the location, case number, and resolution of any other cases involving you, your spouse, or your children
- Grounds for divorce – one or more of the grounds for divorce provided by statute (6-month separation, irreconcilable differences, or mutual consent)
- Requested relief – state whether you are requesting alimony, specify requests related to use or division of marital property, etc.
To start a divorce case in Maryland, the following documents should also be filed along with the Complaint for Absolute Divorce:
- Domestic Case Information Report (Form CC-DCM-001 available on Maryland Courts website)
- Long Form Financial Statement (Form CC-DR-031 available on Maryland Courts website) if the Complaint for Absolute Divorce includes a request for alimony
- Short Form Financial Statement (Form CC-DR-030 available on Maryland Courts website) if the Complaint for Absolute Divorce includes a request for child support *Note: The Long Form Financial Statement should be filed if the Complaint for Absolute Divorce includes requests for both alimony and child support.
- Notice of Restricted Information (Form MDJ-008 available on Maryland Courts website) should accompany the Financial Statement
In addition to the forms mentioned above, the Maryland Courts website includes other resources for individuals who wish to represent themselves in a divorce proceeding (known as a “pro se” or “self-represented” party). While it is possible to represent yourself in a divorce case, retaining an attorney to represent you in a divorce proceeding is the best way to ensure that your rights and interests are protected. An attorney can prepare the Complaint for Absolute Divorce and the associated forms to file your case properly. More importantly, an attorney can help you determine the appropriate relief to request based on the specific details of your situation and assist you in developing a strategy to achieve your goals.
After your Complaint for Absolute Divorce is filed, the Court will issue a Writ of Summons. Next, the Writ of Summons, Complaint for Absolute Divorce, all other documents filed with the Complaint for Absolute Divorce, and a blank Domestic Case Information Report form must be served upon your spouse within 60 days of the issuance of the Writ of Summons.
Depending on where your spouse is located when they served, your spouse will have to file an Answer to Complaint within a certain timeframe of the date they are served: 30 days if served within the state of Maryland, 60 days if served outside of the State of Maryland but within the United States, or 90 days if served outside of the United States. After the defendant is served, the filing party must file an Affidavit of Service to document that the opposing party was properly served. After your spouse files their Answer to Complaint, the Court will begin scheduling the necessary dates for your case to proceed. If the defendant does not file an Answer to Complaint within the required timeframe, the filing party can file a Request for Order of Default. If the Request for Order of Default is granted and the Court issues an Order of Default, the defaulting party may then file a Motion to Vacate Order of Default within 30 days of its entry. If the defaulting party fails to file a request to vacate the Order of Default within 30 days, the case can proceed without the participation of the defaulting party.
How much does it cost to file for divorce in Maryland?
The initial filing fee to file a divorce case in Maryland is $165, which must be paid to the Clerk of the Circuit Court for the county in which the Complaint is filed. Filing fee waivers can be requested by qualifying individuals.
Can you file for divorce online in Maryland?
Yes. As of May 6, 2024, all Maryland state courts have implemented the Maryland Electronic Courts (“MDEC”) online case management system for e-filing. Self-represented parties may choose to register for MDEC and e-file. Self-represented parties are not required to e-file using MDEC, but if a self-represented party files a pleading or other document electronically, all subsequent filings must also be e-filed using MDEC. Before e-filing, self-represented parties should review the MDEC Policies & Procedures Manual, the e-filing brochure, and other resources available on the Maryland Courts website.
Can you file for divorce in Maryland without a lawyer?
Yes, a person can file for divorce without a lawyer and represent themself in a divorce proceeding. However, retaining an experienced family law attorney to represent you in a divorce case is the best way to protect your rights, advance your interests, and achieve your goals.
For more information about filing for divorce in Maryland, contact Silverman Thompson, toll-free, at 800.385.2243 to speak with an experienced Maryland divorce attorney.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
Disclaimer: This blog is informative in nature. The information contained herein is not to be considered legal advice and there is no attorney-client relationship formed between Silverman Thompson and the reader.