In this article, the experienced Maryland divorce attorneys at the Law Office of Robert Castro explain a bit about how and where divorce papers are filed. If you need a consultation on divorce in Maryland, call us at (301) 870-1200. We are divorce attorneys in Waldorf, Maryland, providing legal services for clients throughout Southern Maryland.

Divorce complaints are filed at the county courthouse where one or the other spouse lives. Generally, the spouse who is filing for divorce files in his or her home county. The correct court is called the Circuit Court (not the District Court). A Maryland spouse seeking a divorce has two options: filing for an Absolute Divorce or a Limited Divorce. The Maryland divorce courts have various templates and fill-in-the-blank forms for each type (and for other necessary forms). For example, a Complaint for Absolute Divorce uses Form CC-DR-020, and a Complaint for Limited Divorce uses Form CC-DR-021.

Along with the Complaint for Divorce, court fees must be paid, and a number of other forms must be filed. These include:

• Civil Domestic Information Report
• Financial forms
• Copies of any settlement or other agreement between the spouses
• Statement about marital and non-marital property
• Child support worksheets and parenting plans (if applicable)
• Fee waiver forms (if applicable)

After the necessary forms are filed, a Writ of Summons will be issued to the spouse that filed for divorce. This can be picked up after a couple of days from the courthouse clerk’s office, or it can be sent by mail. The Writ is needed so that the other spouse can be officially informed of the divorce.

The other spouse must receive copies of the divorce papers by personal service. The papers that must be served include the Writ, the Complaint, and all the other forms. Personal service can be done by some types of mail, by having the County Sheriff deliver the papers, or by hiring a private company to hand-deliver the papers.

Whoever delivers the divorce papers must complete a written sworn statement indicating that personal service has been accomplished. This is generally called a “Proof of Service” or “Certificate of Service.” This proof/certificate must be filed with the Clerk of Court. Your divorce case will be assigned a specific and unique number. After the first papers are filed, ALL subsequent filings MUST contain that specific and unique number. Thus, when the proof/certificate of service is filed, it must be attached to a paper that contains the case name and case number. Such is often called a Notice of Filing.

Generally speaking, your Waldorf, Maryland divorce case does not officially begin until your spouse receives copies of the divorce papers. At that point, your spouse must file various papers.

After the initial Maryland divorce papers are filed, a specific judge/courtroom is assigned to your case. That is the judge/courtroom where the spouses will appear (if appearances are required). Generally, at least one face-to-face appearance before the judge/court is required before a Maryland divorce is finalized.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.