Divorce 9: How to File for Divorce
10/2023
There is now only one type of divorce in Maryland – absolute divorce. Starting October 1, 2023,
Maryland courts cannot grant a limited divorce. Maryland law on the legal reasons, or grounds, for divorce
changed as well. This tip sheet is up to date with the law.
Getting Started
The first step is to file documents asking the court to open a case. Use form CC-DR-020 to ask the court
for an absolute divorce.
If you are the person filing the initial Complaint, you must pay a filing fee. However, you may ask the
court to waive the fee if you can’t afford it. Submit completed fee waiver forms with your Complaint.
File your divorce documents in the circuit court in the county where you or your spouse live. Make
enough copies of your court documents for your spouse and be sure to keep at least one copy for
yourself. Ask the court clerk to put a date-stamp on your copies.
Service of Process
The spouse filing the initial Complaint must provide a copy to his or her spouse. This is known as
service of process or, more simply, “service.” You are responsible for making sure that the court papers
are properly served. There are special rules. For instance, you may not give copies to your spouse
yourself. Someone must do it on your behalf.
You must also send to the court proof that your spouse received copies. Do not overlook this crucial
step.
There’s another video with details on service. It’s called Service of Process.
Answering a Complaint
If you received a copy of a Complaint for Divorce filed with the court:
If you live in Maryland, you have 30 days to respond.
If you were served in another state, you have 60 days to respond.
If you were served outside the United States, you have 90 days.
Use form CC-DR-050 to file your Answer within the deadline. In the Answer, check the boxes to admit
or deny the statements made by your spouse on his or her Complaint. The Answer form also has space
where you can tell the court what YOU want.
You may also consider filing a Counter-Complaint for Absolute Divorce. This is form CC-DR-020. Use this
form if the divorce order you want is significantly different than what your spouse has requested.