Maryland Divorce Steps

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Maryland Divorce Steps till Service

  • The Plaintiff must complete Dom. Rel. 20 i.e. Complaint for Absolute Divorce
  • The other documents that may be attached to the Complaint are as follows
    • Financial Statement for Child Support or Alimony (Dom. Rel. 31 or Dom. Rel. 30)
    • Property Settlement Agreement
  • If the Plaintiff desires to request a waiver of prepayment of fees, then, he or she must complete the Financial Statement (Dom. Rel. 30) and Motion for Waiver of Prepayment of Fees (Dom. Rel. 32)
  • The Plaintiff must prepare 2 copies of all the above forms
  • The Plaintiff must choose the Civil Desk in the Circuit Court where he or she is a resident and file Dom. Rel. 32. After 5 days have elapsed, the Plaintiff must call the court clerk and find out whether the motion has been granted
  • In case the motion was denied, the Plaintiff must pay the filing fee. If the motion was approved, then, the Plaintiff must file the granted motion along with other forms
  • The next divorce step is of service. If the Plaintiff fails to perform proper service, the court might dismiss the case
  • Generally, personal service is expected
  • If the Plaintiff desires to serve a Defendant who resides out of this state, then, this Plaintiff must demand the court clerk "A Writ of Summons for 60 days"
  • If the Plaintiff desires to serve a Defendant who resides out of this country, then, this Plaintiff must demand the court clerk "A 90 Day Writ of Summons"
  • The different methods of service are as follows
    • Certified Mail, Restricted Delivery, Return Receipt Requested
    • Sheriff
    • Private Process by a Process Server
    • Private Process by a Friend
Maryland Divorce Steps after Service
  • The following time limits have been provided to the Defendant for filing the Answer
    • If the service was done in this state, then, within 30 days after service
    • If the service was done in any other state in this country, then, within 60 days after service
    • If the service was done in another country, then, within 90 days after service
  • If the Defendant fails to file the Answer in the stipulated duration, the Plaintiff must file a Request for Order of Default (Dom. Rel. 54)
  • When the Plaintiff receives an Answer or Order by Default, he or she must file one of the following 2 documents
    • Request for Trial on the Merits (Dom. Rel. 52)
    • Request for Master's Hearing (Dom. Rel. 51)
  • If there is a dispute regarding property, then, prior to the court date, the Plaintiff must file this document
    • Joint Statement of Parties Concerning Marital and Non-marital Property
  • Irrespective of whether the Defendant has filed an Answer, the Plaintiff must dispatch a notice of the date, time and location of the hearing to the Defendant. A copy of this notice must be brought to the hearing or must be filed with the court
  • The Plaintiff must bring along the following while coming to court
    • Marriage license (certified or original copy)
    • The corroborative witness
  • On conclusion of the hearing, the court drafts the Judgment of Divorce
  • In some counties, the Plaintiff has to procure a sample form (Judgment of Divorce Form) from the court clerk and complete the form by self. In addition to this form, there is a Blue Form that must be completed by the Plaintiff

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