Understanding the Divorce Litigation Process in Maryland: Part 1

If you are considering divorce, you likely have many questions about the legal process - going to court. For instance, you might be wondering how to file for divorce, what the requirements are, and how long it will take. In this blog series, we will discuss what to expect as divorce litigation proceeds through the Maryland courts. Specifically, Part 1 focuses on the steps to take to get a case started and how the divorce process in Maryland begins.

Residency Requirements for a Divorce in Maryland

In order to begin the divorce process in Maryland, certain legal requirements must be met. At least one of the spouses must be a resident of the state in order to file for divorce. However, the length of time one party must have resided in Maryland depends upon where the grounds for divorce occurred. If they transpired in Maryland, one spouse needs to be currently living in the state. But in the event the grounds for divorce arose outside of Maryland, one of the spouses must have lived in the state for at least six months before the action can be filed.

Courts will generally look at two primary factors to determine whether you are a resident. These factors include where you live and where you work. A judge may also consider where you pay taxes, vote, receive mail, where your personal belongings are located, and what jurisdiction issued your driver’s license.

Grounds for Divorce in Maryland

To end a marriage in Maryland, you must have grounds for divorce. “Grounds” refer to the reason the marriage did not work out. There are three grounds that can be used to obtain a divorce in Maryland, including the following:

• Six-month separation — To establish this ground for divorce, you and your spouse must have lived separate and apart for at least six months without interruption before filing for divorce.
• Irreconcilable differences — The divorce ground of irreconcilable differences means that a couple cannot work out their issues in order to keep the marriage intact. In other words, the marriage has broken down irretrievably beyond repair.
• Mutual consent — Under Maryland law, a divorce can be based on mutual consent. In such cases, the spouses would sign a written agreement resolving all issues related to alimony, property distribution, child custody and child support, and any other issues that must be decided in their divorce.

While Maryland is a no-fault divorce state, marital misconduct does not need to be proven. While the grounds of adultery, desertion, insanity, and cruelty could previously be asserted in a Maryland divorce case, a change in the law in October 2023 removed the fault grounds option to obtain an absolute divorce. The facts that supported out-dated causes of action may still be relevant to the Court in making a determination about an award of alimony, monetary award, or attorney’s fees, as well as the division of marital property.

Filing the Summons and Complaint

The divorce process in Maryland is officially commenced by filing a Complaint for Absolute Divorce with the court. These documents must be filed with the clerk of the Circuit Court in the county where you live — or where your spouse lives or works. The complaint sets forth certain factual information about the parties, outlines the grounds for the divorce, and allows the plaintiff to request different types of relief.

In addition to the complaint, there are a number of other forms that the court will require in your divorce case, including the following:

• Civil Domestic Case Information Report — This form helps the court to understand the issues in your case and the time frame for case scheduling.
• Financial statement (child support guidelines) — If you are asking the court to establish child support, you must complete and file Form CC-DR-030 with the complaint. However, Form CC-DR-031 can be used instead of this short form, if you also have property claims.
• Financial statement (general) — If you are requesting alimony, monetary award in property division, or attorney’s fees - you must file Form CC-DR-031.
• Joint Statement of Parties Concerning Marital and Non-Marital Property — When spouses do not agree on property distribution matters, this form must be filed.
• Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time — When parents do not agree on custody, this form must be filed out.
• Settlement Agreement — In the event you and your spouse filed for divorce based on the ground of mutual consent, you must attach a copy of the document to the complaint.

Importantly, you will need to pay a fee when you file the divorce papers with the court. After the complaint has been filed, the clerk will issue a “Writ of Summons.” This must be served on your spouse, along with a copy of the other divorce papers that were filed.

Serving the Summons and Complaint

Service of process is the method by which the other party in a divorce is notified that the case has been commenced. The defendant must be served the summons, complaint, and other documents that were filed with the court. Once service of process has been completed, an affidavit signed by the person who served the papers must be filed with the court.

Under Maryland law, there are three ways service of process can be effectuated, including:

• Personal service — Any adult who is not a party to the case and is over the age of 18 may personally serve the defendant at their home, workplace, or any other public place - in Maryland. The individual serving the papers can be a friend, family member, professional process server, or a sheriff.
• Substitute service at the defendant’s home — Any adult who is over the age of 18 and is not the plaintiff in the case may effectuate service by handing the divorce papers to another adult in the defendant’s residence, as long as that adult lives in the home with the defendant. As with personal service, the individual serving the papers can be a friend, family member, professional process server, or a sheriff.
• Certified mail — The third way service of process can be completed is by certified mail, restricted delivery. This means that the documents will be delivered by the postal service to your spouse and require that the person to be served signs for delivery.

Service of process must be made on the defendant within 60 days after the complaint was filed with the court. If you are unable to serve the defendant within this amount of time, your case could be dismissed. But in some cases, you may be able to ask the judge for more time. You may also be able to serve your spouse by publication if you do not know where your spouse is located, but you have made reasonable and good faith efforts to find them.

The Answer and Counterclaim

If your spouse filed for divorce and you were served in Maryland, you must file an answer within 30 days in order to participate in the case. You have 60 days to answer if you were served in another state, and additional time if you received international service. Failure to file a timely answer might mean the court will grant the plaintiff (your spouse) their requested relief in the case by default. If you are requesting relief that is different from what the other side asked for in the complaint, you should file a counterclaim along with your answer.

We invite you to continue with Understanding the Divorce Litigation Process in Maryland: Part 2 which covers pre-trial proceedings as your case moves through the court system. Additionally, don't miss the final part of this series, Understanding the Divorce Litigation Process in Maryland: Part 3.

Contact an Experienced Maryland Divorce Attorney

The divorce process in Maryland can be complex and it’s essential to have a knowledgeable attorney by your side who can best advise you regarding your rights and options. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce lawyers are committed to guiding you through the divorce process and protecting your interests every step of the way. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we will work with you to find a solution that is best for your situation. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.