Do you want to know how to file for divorce in Maryland?
To file for divorce in Maryland, the spouses must have grounds or cause to do so that happened in Maryland, or one of the spouses must have been a resident of Maryland for at least a year. There are no “irreconcilable differences” or no-fault grounds; instead, a marriage must have been separated for at least two years without interruption, with no cohabitation or sexual interactions, and no reasonable prospect of reconciliation. The divorce must be consensual, voluntary, and with the desire to dissolve the marriage. Before a divorce lawsuit can be filed, a Divorce Settlement Agreement must be signed under oath to assist show that the separation was consensual.
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If a marriage has a Divorce Settlement Agreement, one of the spouses may start the divorce process. The spouse who files the divorce complaint is referred to as the Plaintiff, while the spouse who receives the complaint is referred to as the Defendant. The complaint includes an identity and basic description of who the couple is, their children, the reasons (in this instance, the two-year legal separation), and the remedy sought by the plaintiff.
After filing the case, the plaintiff must serve the Defendant spouse by certified mail or a private server. The bundle includes a Summons (a court order to answer the case) and two Civil-Domestic Information Reports. (one blank, and one already completed by the Plaintiff). After that, the plaintiff must file a return receipt, sometimes known as an Affidavit of Service, stating that the Defendant has been informed.
If the Summons is served, the defendant has 30 days to submit an Answer if he or she resides in Maryland. If the defendant resides outside of Maryland, he or she has 60 days to respond, and if the defendant resides outside of the United States, he or she has 90 days to respond. The Defendant either confirms or rejects the charges made by the Plaintiff in his or her complaint in the Answer. Even if the divorce is uncontested, the Defendant may bring claims against the Plaintiff.
If the defendant fails to respond within the period specified in the summons, the plaintiff is required to undertake a “diligent effort” to find their missing spouse. This would include the following:
A service sent through certified mail to the last known address
Letters to previous employers, acquaintances, family, and neighbors
Using the Services of a Private Investigator
Using directory assistance and the internet to look for phone numbers
A search with the Maryland Motor Vehicle Administration
Contacting the Child Support Enforcement Agency Using the Military Service Locator
Following that, the plaintiff may seek service by publication. After exhausting all other alternatives, the Plaintiff may submit a request for default, and once that is received, the Plaintiff may schedule an uncontested divorce hearing.
The Public Hearing
An uncontested divorce proceeds to a hearing whether or not the Defendant is present. After the couple files a Joint Request for an Uncontested Divorce hearing, their case is heard by a family law master, who must be present. The defendant is invited to attend the hearing, but it is not required. When the hearing concludes, the family law master’s findings and recommendations are used to create the Decree of Divorce, which is then signed and sent to each party within a few weeks.
The couple must present the following paperwork before this hearing:
Absolute Divorce Report
Child Support Guidelines a copy of their marriage certificate
Divorce Settlement Agreement Witness Identification Information
Submission to Judgment, through which the right to appeal is waived
Forms Fundamentals
Some forms are not accessible online; instead, they may be obtained from the county clerk in the county where the divorce will be filed. These are some examples:
Civil Domestic Information Report Financial Statement Complaint for Absolute Divorce Form Counter Complaint for Absolute Divorce Form
Parties’ Joint Declaration Regarding Marital and Non-Marital Property
If there are children in the case and one spouse is requesting child support, he or she will need to file extra paperwork.
A Word on Contested Divorces
When a divorce is disputed, the court requires both parties to attend a Notice of Scheduling Conference before a family law master, who schedules numerous sessions to determine interim spousal and child support. Because of the unique character of each divorce, the route of a disputed divorce cannot be foreseen at this time. A disputed divorce, on the other hand, follows the same fundamental process as described above, except that following the interim hearing, the matter proceeds to trial, where the judge decides.
You may want to Find a Lawyer to assist you manage the divorce process, whether your divorce is contested or not.
