Divorce Checklist for Maryland

Maryland Code, Family Law § 7-101 establishes the residency requirement for filing a divorce complaint in the state. If the grounds for divorce occurred outside Maryland, at least one spouse must have resided in Maryland for a minimum of 6 months before filing the complaint. If the grounds occurred within Maryland, there is no stated residency requirement, though you must still file in a Maryland circuit court. Prove residency through your driver's license, voter registration, tax filings, utility bills, and bank statements showing a Maryland address. You may file in the circuit court of the county where either spouse resides, or where the defendant works or maintains a place of business. Courts have dismissed cases for insufficient residency proof, so gather multiple forms of documentation before filing. You do not need to remain at the same address — moving within Maryland satisfies the requirement.

As of October 1, 2023, Maryland Family Law § 7-103 provides only three grounds for absolute divorce: mutual consent, 6-month separation, and irreconcilable differences. Mutual consent requires a written settlement agreement signed by both spouses resolving all issues including property division, alimony, and child custody — with no waiting period. The 6-month separation ground requires spouses to have lived separate and apart for at least 6 months before filing, though spouses may reside under the same roof if they lead separate lives. Irreconcilable differences requires no waiting period and does not require both spouses to agree the marriage is irreparable. Limited divorce was eliminated entirely by this 2023 reform. Choose the ground that matches your circumstances, as it determines which forms and supporting documents you need. Mutual consent is the fastest path, typically completing in 1 to 3 months.

Before filing your divorce complaint, assemble all critical documents that the court and your attorney will need throughout the case. Maryland Rule 9-202 requires financial disclosure when either party requests child support or spousal support, so collecting financial records early prevents delays. Gather your certified marriage certificate, which you must present at the hearing. Obtain copies of the last 3 years of federal and state tax returns, recent pay stubs covering at least 3 months, bank statements for all accounts, retirement account statements, mortgage documents, vehicle titles, and credit card statements. If children are involved, collect birth certificates, school enrollment records, and health insurance documentation. Make copies of all documents — you will need at least three sets: one for the court, one for your spouse, and one for your records. Store originals in a secure location outside the marital home.

If you plan to file on mutual consent grounds under Maryland Family Law § 7-103(a)(3), you and your spouse must execute a written settlement agreement before filing the complaint. Use Form CC-DR-116 (Marital Settlement Agreement) to memorialize your agreement on all issues: property distribution including monetary awards and the family home, alimony or waiver of alimony, and if applicable, child custody, parenting time, and child support. Both spouses must sign and date the agreement. If the agreement includes child support, you must also complete the Child Support Guidelines Worksheet (Form CC-DR-034 for primary physical custody or Form CC-DR-035 for shared physical custody). The court must find that any terms affecting minor children serve their best interests — judges can modify child-related terms even when both parents agree. Neither party may file a written objection to the agreement before the divorce hearing.

Form CC-DR-020 (Complaint for Absolute Divorce, revised 08/2024) is the primary document that initiates your divorce case in Maryland circuit court. Before completing this form, review the General Instructions form CC-DRIN and the specific instructions form CC-DRIN-020 available at https://www.courts.state.md.us/family/family-forms. The complaint requires your full legal name, your spouse's name, the date and location of your marriage, the ground for divorce under Maryland Family Law § 7-103, and the specific relief you seek including property division, alimony, child custody, and child support. You must also complete Form CC-DCM-001 (Civil-Domestic Case Information Report), which helps the court schedule and manage your case. Maryland Guide & File at https://www.courts.state.md.us/guideandfile is a free online tool that walks you through completing these forms step by step.

File your completed Complaint for Absolute Divorce (Form CC-DR-020) and all accompanying documents with the Clerk of the Circuit Court in the county where you or your spouse resides, or where your spouse is regularly employed. The filing fee is $165.00, payable by cash, check, money order, or credit card depending on the county. If you cannot afford the filing fee, submit an Affidavit in Support of Application to Waive Fees, available at https://www.mdcourts.gov/legalhelp/filingfeewaivers. You may file electronically through Maryland Electronic Courts (MDEC) at https://www.mdcourts.gov/mdec/efiling, though e-filing is not mandatory for self-represented litigants. Upon filing, the clerk assigns a case number, stamps your documents, and issues a Writ of Summons directing your spouse to respond. Keep your stamped copies — you will need them for service of process.

Maryland Rule 9-202 requires both parties to file a financial statement when child support or spousal support is at issue. If either party requests spousal support (alimony), both must file the Long Form Financial Statement (Form CC-DR-031) pursuant to Maryland Rule 9-203(a). For child support, file Form CC-DR-030 (Short Form) if combined gross monthly income is $30,000 or less, or Form CC-DR-031 (Long Form) if combined gross monthly income exceeds $30,000. The financial statement must be filed with your initial pleading — meaning the plaintiff files it with the Complaint and the defendant files it with the Answer. The statement requires detailed disclosure of monthly income, expenses, assets, and liabilities under oath. Failure to file the appropriate financial statement may result in case dismissal, denial of requested relief, or severe limitations on evidence and testimony you can present at trial.

Maryland Rules 2-121 and 3-121 require that your spouse receive formal service of the filed Complaint, Writ of Summons, and all accompanying documents. You cannot serve the papers yourself — service must be performed by someone at least 18 years old who is not a party to the case. Maryland permits three methods of service: personal delivery (hand-delivering papers to your spouse anywhere), substitute service (leaving papers with an adult resident at your spouse's dwelling), or certified mail with restricted delivery (your spouse must personally sign for the package). You may also use the county sheriff's office for a fee of approximately $30 to $40, or hire a private process server. Service must be completed within 60 days after the complaint is filed if serving within Maryland. The person who serves must complete an Affidavit of Service — Form CC-DR-055 for private process or Form CC-DR-056 for certified mail.

After proper service, your spouse has a specific deadline to file an Answer (Form CC-DR-050) or Counter-Complaint for Absolute Divorce (Form CC-DR-094) with the court. Under Maryland rules, the response deadline depends on where service occurred: 30 days if served within Maryland, 60 days if served in another U.S. state, or 90 days if served in another country. If your spouse files a Counter-Complaint, you must then file your own response to that Counter-Complaint. If your spouse agrees to the divorce terms, they may file a consent Answer or simply not contest. If your spouse fails to respond within the applicable deadline, you may file a Request for Order of Default (Form CC-DR-054). The court grants the default if proof of service is on file and the respondent is not in active military service. After default is entered, a Notice of Default is served and the respondent has 30 additional days to request the court vacate the default.

Maryland Family Law § 7-103.2 and Maryland Rule 9-204.1 authorize the court to require both parents to complete an educational seminar designed to minimize the impact of divorce on children. Most Maryland circuit courts require a 4-to-6-hour parent education course for all cases involving minor children. The course covers child development, co-parenting strategies, conflict resolution, communication skills, and the emotional effects of separation on children. Many counties offer court-approved online courses, though some require in-person attendance — verify with your local circuit court before enrolling. Montgomery County operates the PEACE program (Parent Education and Custody Effectiveness) at $25 per session. Calvert County holds two 3-hour sessions on consecutive evenings. After completing the course, download or print your certificate of completion and file it with the court or present it at your hearing. Failure to complete the course may delay your divorce proceedings.

Under Maryland Rule 9-205, after a custody or visitation case is at issue, the court must determine whether mediation is appropriate and may order the parties to attend mediation. Court-ordered mediation under Rule 9-205 is limited to custody and visitation issues unless both parties agree to expand the scope. The initial order may require up to 4 hours of mediation across no more than 2 sessions. For good cause and the mediator's recommendation, the court may order up to 4 additional hours. Many county courts offer free mediation through their Family Division Services — for example, Montgomery County provides a single 3-hour session at no charge. There is an important exception: if a party or child reports in good faith a genuine issue of abuse as defined in Maryland Family Law § 4-501, including coercive control, the court may not order mediation. Research shows mediation is successful in more than half of cases and reduces post-agreement disputes.

Maryland Rule 9-207 requires filing of a Joint Statement of Marital and Non-Marital Property (Form CC-DR-033) when property division is at issue and the parties have not reached a written settlement agreement. This form must be filed at least 10 days before the scheduled trial date or by any earlier date the court sets. The timeline works backward: at least 40 days before trial, each party must prepare and serve their proposed statement on the other party; at least 25 days before trial, the plaintiff must sign and serve a proposed joint statement on the defendant; the defendant must then sign and file the joint statement at least 10 days before trial. If the defendant refuses to sign, they must file a written explanation of their specific objections. The statement classifies all assets and debts as marital or non-marital property. Failure to comply with Rule 9-207 deadlines may result in sanctions, including the court classifying property in accordance with the complying spouse's statement.

Every Maryland divorce requires a hearing before a judge or magistrate, even in uncontested or default cases. For mutual consent divorces under Maryland Family Law § 7-103(a)(3), only one party (typically the plaintiff) must attend and testify — the other spouse's attendance is no longer required. At the hearing, you must testify to establish your ground for divorce: confirm your identity, prove Maryland residency, state your marriage date and location, and explain how your ground for divorce is satisfied. As of October 2023, a corroborating witness is no longer required, though one may still be useful for contested issues. Bring your certified marriage certificate, proof of residency, the signed settlement agreement (if mutual consent), and three copies of all documents. If children are involved, bring completed child support worksheets and your parenting plan. The judge reviews your testimony and documents, confirms all legal requirements are met, and signs the Judgment of Absolute Divorce.