What Documents Do I Need to File to Start My Divorce?

A Maryland divorce is a civil legal proceeding. This means that documents must be filed in your local county Circuit Court, and fees must be paid. A civil legal proceeding is between private parties — the spouses — and is different from a criminal legal proceeding (which is the state prosecuting a person for criminal acts or behavior).

To start a divorce proceeding here in St. Mary’s County, Maryland, several documents must be filed with the local clerk of court. In brief, these are:

• Complaint For Absolute Divorce
• Summons
• Civil Domestic Information Report (sometimes called a “Cover Sheet”)
• Financial Statement(s)
• Child support guideline worksheet (if minor children are involved)
• Parenting plan (if minor children are involved)
• And more (depending on the case)

It is beneficial to have the help of qualified Maryland Divorce and Family Law Attorneys to assist with the preparation and filing of these documents. However, it is not legally required. If you have questions, contact us here at the Law Office of Robert Castro. Please call us at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland, and offer divorce, child custody, and family law legal services for communities in St. Mary’s County and other parts of Southern Maryland. We have offices in Waldorf, Maryland. Below is a brief description of the documents that must be filed to start a Maryland divorce proceeding.

Complaint

The Complaint is the key document that must be filed. All the other required documents that must be filed are supportive of the Complaint. The Maryland divorce courts offer a fill-in-the-blank template, which is designated as CC-DR-020. The template is not the best, but it is useful as an example. As can be seen from the template, the Complaint lists various information about the spouses, such as name and address, along with information about the grounds for the divorce, the number and ages of children (if any), requests for alimony, etc.

Summons

Generally, a summons is a document used to “summon into court” the “target” of a civil proceeding. In a Maryland divorce, one spouse “goes first” and files the Complaint for Absolute Divorce. The “target” is the other spouse, and they must receive the Summons (along with a copy of the Complaint). Even if the spouses are in agreement about seeking a divorce, procedurally, one spouse must still start the divorce, and the other must be given a copy of the summons. The summons is prepared and filed with the Clerk of Court. A summons is typically served — hand-delivered — by a Maryland Deputy Sheriff.

Financial Statement(s)

There are two versions of financial statements that might be needed in a Maryland divorce, CC-DR-030 and -031. Which form to use depends on factors like the joint monthly income of the parents and whether the spouses have an agreement about property division and alimony.

Child support worksheets and parenting plans

If the divorce involves minor children, then a major issue will involve the court’s determination of custody arrangements. In those Maryland divorces, the parents will need to file forms related to child support. There are two versions of this document, depending on whether sole or shared custody is sought, CC-DR-034 or 035. A parenting plan is also required, Form CC-DR-109.

Other documents

Note that if the spouses have agreed to divorce by mutual consent, then some of these forms need not be filed. In those types of proceedings, the marital agreement must be filed along with the Complaint for Absolute Divorce.

Contact Waldorf, Maryland Family Law and Child Custody 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, Family Law lawyers. Our address is 11701 Central Ave, Waldorf, MD, 20601.