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.

What Happens After Filing for Divorce in Maryland?

Once the initial divorce documents are correctly filed and served, the process shifts toward case management and resolution. Maryland divorce cases do not conclude immediately after service. Instead, they follow a structured path through scheduling orders, responses, discovery, and potential settlement conferences.

Court Scheduling and Opposing Party Response

A scheduling order is typically issued after the court processes the initial filing and proof of service. This document outlines important deadlines for both parties, including when responses must be filed and when hearings or conferences are scheduled. The opposing spouse has 30 days to file an Answer if served in Maryland, 60 days if served elsewhere in the U.S., or 90 days if served internationally.

In most cases, the Answer will address each claim in the Complaint for Divorce and may include counterclaims. If the other spouse fails to respond within the deadline, the filing party may request an order of default, which can move the case forward without the other spouse’s input.

The Discovery Process

Discovery is a formal process where both sides exchange information about the divorce. This may include financial records, asset disclosures, income statements, and documents related to property or debts. In Maryland, discovery helps ensure transparency and fairness, especially in cases involving contested issues like alimony, property division, or child custody.

Discovery tools may include interrogatories, requests for production of documents, subpoenas, and depositions. While not all divorces require extensive discovery, the process can be necessary in more complex or contested cases. Both parties are expected to comply with deadlines set by the court during this phase.

Settlement and Mediation Options

Many divorce cases in Maryland are resolved without a trial. Courts often encourage the parties to settle their differences through mediation or negotiation. If child custody is contested, Maryland courts usually require the parents to attend mediation before proceeding to a trial.

Mediation involves a neutral third party who facilitates productive discussion and helps the spouses reach an agreement on disputed issues. If a complete agreement is reached, it can be submitted to the court as part of a final divorce order. Judges often prefer settlements, which reduce court time and are typically more customized to the family’s needs.

Hearings and Trial Preparation

The court will schedule a trial if the case cannot be resolved through settlement or mediation. Before trial, the court may hold one or more hearings to address temporary issues, such as spousal support, custody arrangements, or protective orders. These hearings ensure stability while the case is pending.

Both parties can present evidence during the trial, call witnesses, and make legal arguments. The judge will make decisions based on the testimony and documents provided. Maryland divorce trials can vary in length depending on the number and complexity of disputed issues.

Finalizing the Divorce

The judge will issue a final divorce judgment once all required hearings or trial proceedings are complete. This document officially ends the marriage and sets out the terms related to property division, custody, support, and other matters.

After the final judgment is entered, each party must comply with its terms. If one side fails to follow the court’s order, enforcement actions may be necessary. Maryland law provides mechanisms to address noncompliance, such as wage garnishment, contempt proceedings, or property liens.

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.