How can I start the divorce process in Maryland?
Di Goodman
Maryland managing attorney at Marble Law
Key Takeaways
- A divorce in Maryland starts with completing and filing forms.
- A lawyer can help you determine exact next steps for your specific situation.
To start the divorce process in Maryland, you must file the appropriate paperwork. Depending on your circumstances, you may need to complete various forms:
- Complaint for absolute divorce: Submit this form if you with to terminate the marriage and can cite a specific, recognized ground for divorce in Maryland.
- Civil domestic information report: This document helps the court understand the details of your case.
- Marital settlement agreement: Include this if you and your spouse have an uncontested divorce and have reached a consensus on all matters of the divorce, such as property division and child custody.
- Financial statement: The court uses this list of your income and expenses to help determine alimony and child support.
File the appropriate documents with the circuit court in whatever county you or your spouse reside. Be sure to make at least two copies of everything you submit.
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What happens next?
After the court gives you a case number and issues a summons, you’re legally obligated to share all relevant paperwork with your spouse. (This is called “service of process”.) You also must prove that you delivered your documents correctly. (Called “proof of service of process”.)
You can send your paperwork to your spouse in several ways:
- Through the U.S. postal service: Ask someone 18 or older to bring your documents to the post office and mail them to your spouse via certified mail, restricted delivery, return receipt requested. Once they complete the task, this person must fill out an affidavit of service to attest that they sent the documents on your behalf. Wait for a signed receipt indicating your mail was delivered, then file that with the affidavit of service and a copy of the summons at the county court.
- Through the sheriff’s department: A representative from the sheriff’s department delivers your documents and completes an affidavit of service for a fee, which is currently $30 to $40.
- Via a private process server: A private, professional process server delivers your paperwork and completes an affidavit of service for a fee, which varies depending on the case.
- Via a friend: Any adult over the age of 18 other than you or an immediate family member delivers the documents into your spouse’s hand and then completes an affidavit of service for you to file.
Once your spouse receives the paperwork, they have a set period to respond by filling out an answer to complaint form and, if relevant, a counter-complaint for absolute divorce. From there, your divorce process will proceed according to the specifics of your case.
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