Filing for Divorce in Maryland: Complaint, Service and Response

Starting a divorce is a paperwork exercise before it is anything else, and getting the first steps right saves time and money later. This page explains what gets filed, how the other spouse is notified, and what happens when you are the one who has been served.

Choosing the ground

Every complaint states a ground. Maryland’s grounds include a six month separation, irreconcilable differences, and permanent legal incapacity to consent, with mutual consent available where there is a complete signed settlement agreement.

The choice is strategic. Mutual consent requires the agreement to be finished. The separation ground requires the six months to have run. Irreconcilable differences has no waiting period and does not require the other spouse to agree. See grounds for divorce in Maryland.

Residency and where to file

One spouse must be a Maryland resident. If the ground arose outside Maryland, one of you must have lived here for at least six months before filing. Cases are filed in circuit court, which for most people in this area is the Circuit Court for Baltimore County in Towson.

What gets filed

The complaint for absolute divorce is the core document, but it rarely travels alone. Depending on the case, filings may also include a civil domestic case information report, financial statements, a child support guidelines worksheet, a proposed parenting plan or a joint statement about parenting, and a signed settlement agreement where one exists. A filing fee applies, and fee waivers are available based on income.

The Maryland Judiciary publishes the standard forms, including the complaint for absolute divorce, the answer, the counter-claim and the marital settlement agreement.

Service on your spouse

Filing alone does not start the clock for the other side. Your spouse must be formally served, generally within 60 days of filing. Maryland permits:

• Service by the sheriff
• Service by a competent adult who is not a party to the case, who then files an affidavit of service
• Certified mail, restricted delivery, with the signed receipt returned to the court

You cannot serve the papers yourself. Proof of service must be filed. Where a spouse cannot be located or is evading service, alternative methods exist but require court permission, which means a motion and an explanation of the efforts already made.

If you have been served

Do not ignore it. The deadline to file an answer is:

• 30 days if you were served in Maryland
• 60 days if you were served elsewhere in the United States
• 90 days if you were served outside the United States

An answer responds to the allegations. You may also file a counter-claim asking for your own relief, which matters if you want the court to decide something the complaint does not raise. If nothing is filed, the other spouse can request an order of default and the case can proceed without your participation, which is the worst position to be in when custody and property are being decided.

What comes next

In contested cases the court holds a scheduling conference after the first answer, identifies the disputed issues, assigns a case management track and often refers the parties to mediation. If temporary arrangements are needed in the meantime, either party can seek relief at a pendente lite hearing.

See the full divorce process and contested divorce.

Preparing for your consultation

Bring recent tax returns, pay records, statements for bank, investment and retirement accounts, mortgage and loan documents, and a list of significant assets and debts. If there are children, bring a realistic description of the current schedule. See what to bring with you and our intake process.

Official Maryland resources

• Maryland Courts family law forms
• Maryland Courts, divorce
• Clerk of the Circuit Court for Baltimore County

Talk with a Towson family law attorney

Every divorce and custody matter turns on its own facts. The Law Office of Thomas K. Mallon, LLC offers a free consultation so you can get straight answers about your situation before you decide what to do next.

Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.

This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your case.