Start a Divorce Case

Follow these steps to open a new divorce case.

Step 1: Review Instructions

Read: Instructions for Completing and Filing Divorce Forms

Step 2: Complete a Complaint Form

Choose one of the following:

• Complaint for Absolute Divorce (Form CC-DR-020)
• Counter-Complaint for Absolute Divorce (Form CC-DR-094)

Step 3: Protect Your Personal Information (Optional)

If you have safety concerns, including domestic violence or abuse:

• Do not include your address or contact information on the complaint form
• Ask the court to keep your information confidential by requesting to seal the case record or limit inspection of part of the record

File: Motion to Seal or Otherwise Limit Inspection of a Case Record (Form CC-DC-053)

Step 4: Request a Fee Waiver (Optional)

If you cannot afford filing fees:

• File a Request for Waiver of Prepaid Costs
• Submit it with your complaint and financial statement

Watch a video about fee waivers:

• Learn how to request a waiver of prepaid filing fees

Read the tip sheet about fee waivers:

• Can't Afford Court Fees?

Step 5: Service of Process (Delivering Papers)

After filing your complaint:

• The Clerk will send you a summons
• You must have the documents served (delivered) to the defendant by someone else

Who can serve the papers? 

The person who served the papers must:

• Be 18 years of age or older
• Not be involved in the case

Ways to Serve Papers

You can choose one of the following methods:

• Certified mail (restricted delivery)
• Private process server (hand delivery)
• Sheriff or constable (fee required)

Proof of service

After service is complete, file proof of service with the court:

• Affidavit of Service (Certified Mail Restricted Delivery - Receipt Requested) - must be completed by the person who served the papers. That person must be at least 18 years old and not involved in the case.

• Affidavit of Service (Hand Delivery/Private Process) - must be completed by the person who served the papers. That person must be at least 18 years old and not involved in the case.

• Return of Service (Sheriff or constable) - completed by the sheriff or constable. For questions about this process, please contact the Clerk's Office at 301-932-3201.

Learn more about service of process:

• Watch a short video about how to serve court papers (service of process)
• Read a tip sheet with guidance on service of process

Step 6: Wait for a Response

The other party (defendant) must file an answer within:

• 30 days (if served in Maryland)
• 60 days (if served in another state)
• 90 days (if served outside the U.S.)

Forms the other party may use:

• Answer to Complaint/Petition/Motion
• Counter-Complaint for Custody/Child Support (if applicable)
• Counter-Complaint for Custody/Child Support CC-DR-095 Instructions

Step 7: If No Response is Filed

If the deadline passes:

• You may request a default order

File: Request for Order of Default

Required Forms

You may need to complete any of these forms:

• Civil Domestic Case Information Report (Form CC-DCM-001)
• Financial Statement - If Combined Monthly Income of $15,000 or less (Form CC-DR-030) 
  Required for cases seeking child support and parents' combined monthly income is $15,000 or less.  Each spouse must file this form.
• Financial Statement - If Combined Monthly Income of more than $15,000 (Form CC-DR-031) 
  Required for cases seeking alimony, property distribution, or child support if parents' combined monthly income is more than $15,000.  Each spouse must file this form.
• Joint Statement of Parties Concerning Marital Property (Form-CC-DR-033)
• Settlement Agreement (no form available)
• Division of Vital Record's, Report of Absolute Divorce or Annulment of Marriage (get this form from a court clerk).  Submit a completed from at the end of your hearing. 

Do You Need a Lawyer?

Divorce can be complex. You may have a lot at stake, especially if your case involves:

• Child custody
• Property or assets
• Retirement benefits
• Alimony (spousal support)

You may want to consider hiring a lawyer if:

• Your case involves complicated issues
• Your spouse has a lawyer

If you plan to represent yourself, you can get free legal help:

• Contact The Legal Resource Center & Law Library
• Call the Maryland Courts Self-Help Center

 These lawyers cannot represent you in court, but they can:

• Explain the law
• Help you understand court procedures
• Help you prepare to represent yourself   

Help and Resources

Videos About Divorce

• Divorce Series Part 1: What Type of Divorce Do I Need?
• Divorce Series Part 2: Determining a Legal Reason (or Ground) for Divorce
• Divorce Series Part 3: Mutual Consent Divorce
• Divorce Series Part 4: Asking for Spousal Support or Alimony
• Divorce Series Part 5: How the Court Divides Jointly-Owned Property
• Divorce Series Part 6: Use and Possession
• Divorce Series Part 7: How to Restore Your Former Name
• Divorce Series Part 8: Forms You Need to File
• Divorce Series Part 9: How to File for Divorce

Tip Sheet

• Family Fact Sheet - Divorce

Start a Custody Case 

Follow these steps to open a new custody case.

Step 1: Review Instructions

Read: Complaint for Custody Instructions for Completing Form CC-DR-004

Step 2: Complete Forms

Fill out these forms:

• Complaint for Custody (CC-DR-004)
• Financial Statement

Step 3: Ask for a Fee Waiver (Optional) 

If you cannot afford filing fees:

• File a Request for Waiver of Prepaid Costs
• Submit it with your complaint and financial statement

Watch a video about fee waivers:

• Learn how to request a waiver of prepaid filing fees

Read the tip sheet about fee waivers:

• Can't Afford Court Fees?

Step 4: File Your Case

File your completed forms with the Clerk's Office.

Step 5: Serve the Other Party (Service of Process) 

After filing your complaint:

• The Clerk will send you a summons
• You must have the documents served (delivered) to the defendant by someone else

Who can serve the papers?

The person who serves the papers must:

• Be 18 years of age or older
• Not be involved in the case

Ways to Serve Papers

You can choose one of the following methods:

• Certified mail (restricted delivery)
• Private process server (hand delivery)
• Sheriff or constable (fee required)

Proof of service

After service is complete, file proof of service with the court:

• Affidavit of Service (Certified Mail Restricted Delivery - Receipt Requested) - must be completed by the person who served the papers. That person must be at least 18 years old and not involved in the case.

• Affidavit of Service (Hand Delivery/Private Process) - must be completed by the person who served the papers. That person must be at least 18 years old and not involved in the case.

• Return of Service (Sheriff or constable) - completed by the sheriff or constable. For questions about this process, please contact the Clerk's Office at 301-932-3201.

Learn more about service of process:

• Watch a short video about how to serve court papers (service of process)
• Read a tip sheet with guidance on service of process

Step 6: Wait for a Response

The other party (defendant) must file an answer within:

• 30 days (if served in Maryland)
• 60 days (if served in another state)
• 90 days (if served outside the U.S.)

Forms the other party may use:

• Answer to Complaint/Petition/Motion
• Counter-Complaint for Custody/Child Support (if applicable)
• Counter-Complaint for Custody/Child Support CC-DR-095 Instructions

Step 7: If No Response Is Filed

If the other party does not respond on time:

• You can ask the court for a default order

Form:

• Request for Order of Default

Help and Resources 

Videos

Tip Sheets

Child Custody - Part 1 (Important Terms)
Child Custody - Part 2 (Filing a Custody Case)
Child Custody - Part 3 (Legal Proceedings)
Child Custody - Part 4 (Trial)

Start a Visitation Case

Follow these steps to open a visitation case.

Step 1: Review Instructions

Read: Complaint for Visitation CC-DR 5 Instructions

Step 2: Complete Forms 

Fill out these forms:

• Civil - Domestic Case Information Report (Form CC-DCM-001)
• Complaint for Visitation (Form CC-DR 5)
• Financial Statement

Step 3: Ask for a Fee Waiver (Optional)

If you cannot afford the filing fee:

• File a Request for Waiver of Prepaid Costs
• Submit it with your complaint and financial statement

Watch a video about fee waivers:

• Learn how to request a waiver of prepaid filing fees

Read the tip sheet about fee waivers:

• Can't Afford Court Fees?

Step 4: File Your Case

File your completed forms with the Clerk's Office.

Step 5: Serve the Other Party (Service of Process) 

After filing your complaint:

• The Clerk will send you a summons
• You must have the documents served (delivered) to the defendant by someone else

Who can serve the papers?

The person who serves the papers must:

• Be 18 years of age or older
• Not be involved in the case

Ways to Serve Papers

You can choose one of the following methods:

• Certified mail (restricted delivery)
• Private process server (hand delivery)
• Sheriff or constable (fee required)

Proof of service

After service is complete, file proof of service with the court:

• Affidavit of Service (Certified Mail Restricted Delivery - Receipt Requested) - must be completed by the person who served the papers. That person must be at least 18 years old and not involved in the case.

• Affidavit of Service (Hand Delivery/Private Process) - must be completed by the person who served the papers. That person must be at least 18 years old and not involved in the case.

• Return of Service (Sheriff or constable) - completed by the sheriff or constable. For questions about this process, please contact the Clerk's Office at 301-932-3201.

Learn more about service of process:

• Watch a short video about how to serve court papers (service of process)
• Read a tip sheet with guidance on service of process

Step 6: Wait for a Response

The other party (defendant) must file an answer within:

• 30 days (if served in Maryland)
• 60 days (if served in another state)
• 90 days (if served outside the U.S.)

Form the other party may use:

• Answer to Complaint/Petition/Motion

Step 7:  No Response Is Filed

If the other party does not respond on time:

• You can ask the court for a default order

Form:

• Request for Order of Default

Modify Custody or Visitation

Follow these steps to ask the court to change an existing custody or visitation order.

Step 1: Review Instructions

Read: Petition/Motion to Modify Custody/Visitation Instructions for Completing DR 7

Step 2: Complete Forms

Fill out these forms:

• Petition/Motion to Modify Custody/Visitation
• Financial Statement

Step 3: Ask for a Fee Waiver (Optional)

If you cannot afford the filing fee:

• File a Request for Waiver of Prepaid Costs
• Submit it with your complaint and financial statement

Watch a video about fee waivers:

• Learn how to request a waiver of prepaid filing fees

Read the tip sheet about fee waivers:

• Can't Afford Court Fees?

Step 4: File Your Case

File your completed forms with the Clerk's Office.

Step 5: Serve the Other Party (Service of Process) 

After filing your complaint:

• The Clerk will send you a summons
• You must have the documents served (delivered) to the other party by someone else

Who can serve the papers?

The person who serves the papers must:

• Be 18 years of age or older
• Not be involved in the case

Ways to Serve Papers

You can choose one of the following methods:

• Certified mail (restricted delivery)
• Private process server (hand delivery)
• Sheriff or constable (fee required)

Proof of service

After service is complete, file proof of service with the court:

• Affidavit of Service (Certified Mail Restricted Delivery - Receipt Requested) - must be completed by the person who served the papers. That person must be at least 18 years old and not involved in the case.

• Affidavit of Service (Hand Delivery/Private Process) - must be completed by the person who served the papers. That person must be at least 18 years old and not involved in the case.

• Return of Service (Sheriff or constable) - completed by the sheriff or constable. For questions about this process, please contact the Clerk's Office at 301-932-3201.

Learn more about service of process:

• Watch a short video about how to serve court papers (service of process)
• Read a tip sheet with guidance on service of process

Step 6: Wait for a Response

The other party must file an answer within:

• 30 days (if served in Maryland)
• 60 days (if served in another state)
• 90 days (if served outside the U.S.)

Form the other party may use:

• Answer to Complaint/Petition/Motion

Step 7:  No Response Is Filed

If the other party does not respond on time:

• You can ask the court for a default order

Form:

• Request for Order of Default

File a Petitioner for Contempt (Denial of Visitation) 

 Follow these steps to ask the court to enforce a visitation order.

Step 1: Review Instructions

Read: Petition for Contempt (Denial of Visitation) Instructions for Completing CC-DR-003

Step 2: Complete Forms

Fill out this form:

• Petition for Contempt (Denial of Visitation)

Step 3: Ask for a Fee Waiver (Optional)

If you cannot afford the filing fee:

• File a Request for Waiver of Prepaid Costs
• Submit it with your complaint and financial statement

Watch a video about fee waivers:

• Learn how to request a waiver of prepaid filing fees

Read the tip sheet about fee waivers:

• Can't Afford Court Fees?

Step 4: File Your Case

File your completed forms with the Clerk's Office.

Step 5: Serve the Other Party (Service of Process) 

After filing your complaint:

• The Clerk will send you a summons
• You must have the documents served (delivered) to the other party by someone else

Who can serve the papers?

The person who serves the papers must:

• Be 18 years of age or older
• Not be involved in the case

Ways to Serve Papers

You can choose one of the following methods:

• Certified mail (restricted delivery)
• Private process server (hand delivery)
• Sheriff or constable (fee required)

Proof of service

After service is complete, file proof of service with the court:

• Affidavit of Service (Certified Mail Restricted Delivery - Receipt Requested) - must be completed by the person who served the papers. That person must be at least 18 years old and not involved in the case.

• Affidavit of Service (Hand Delivery/Private Process) - must be completed by the person who served the papers. That person must be at least 18 years old and not involved in the case.

• Return of Service (Sheriff or constable) - completed by the sheriff or constable. For questions about this process, please contact the Clerk's Office at 301-932-3201.

Learn more about service of process:

• Watch a short video about how to serve court papers (service of process)
• Read a tip sheet with guidance on service of process

Step 6: Wait for a Response

The other party must file an answer within:

• 30 days (if served in Maryland)
• 60 days (if served in another state)
• 90 days (if served outside the U.S.)

Form the other party may use:

• Answer to Complaint/Petition/Motion

 Step 7:  No Response Is Filed

If the other party does not respond on time:

• You can ask the court for a default order

Form:

• Request for Order of Default