Legal Packet

________________________________________________________________________________

MARYLAND )

) ss.

[COUNTY] COUNTY )

________________________________________________________________________________

[PETITIONER FULL NAME],

Plaintiff/Petitioner,

v.

[RESPONDENT FULL NAME],

Defendant/Respondent.

________________________________________________________________________________

COMPLAINT FOR ABSOLUTE DIVORCE

CIRCUIT COURT FOR [COUNTY] COUNTY

Case No.: _______________

________________________________________________________________________________

COMES NOW Plaintiff, [PETITIONER FULL NAME], by and through undersigned counsel

or pro se, and files this Complaint for Absolute Divorce, and in support thereof

states as follows:

JURISDICTION AND VENUE

1. Under Md. Code, Family Law § 7-101, "If the grounds for the divorce occurred

outside this State, a party may not apply for a divorce unless one of the

parties has resided in this State for at least 6 months before the

application is filed."

1. Plaintiff has resided in the State of Maryland for at least six (6) months

immediately preceding the filing of this Complaint.

1. Plaintiff resides at [ADDRESS], [CITY], MD [ZIP], in [COUNTY] County,

Maryland.

1. Defendant resides at [ADDRESS], [CITY], MD [ZIP] [or: location unknown].

1. This Court has jurisdiction over the subject matter and the parties.

PARTIES AND MARRIAGE

1. Plaintiff, [FULL NAME], is an adult resident of [COUNTY] County, Maryland.

1. Defendant, [FULL NAME], is an adult [residing at the address stated above /

whose current address is unknown to Plaintiff].

1. The parties were lawfully married on [DATE] in [CITY], [STATE].

1. [If applicable:] The parties have [NUMBER] minor child(ren) born of the

marriage:

GROUNDS FOR DIVORCE

1. Under Md. Code, Family Law § 7-103(a), "The court may decree an absolute

divorce on the following grounds:

(1) 6-month separation, if the parties have lived separate and apart for

6 months without interruption before the filing of the application for

divorce;

(2) irreconcilable differences based on the reasons stated by the

complainant for the permanent termination of the marriage; or

(3) mutual consent..."

1. Plaintiff seeks an absolute divorce on the following ground(s):

[Check all that apply:]

[X] Six-Month Separation: The parties have lived separate and apart

without interruption for at least six (6) months before the filing of

this Complaint. The date of separation was [DATE].

[If living under same roof:] Under Md. Code, Family Law § 7-103(b),

"Parties who have pursued separate lives shall be deemed to have lived

separate and apart... even if: (1) the parties reside under the same

roof; or (2) the separation is in accordance with a court order."

[ ] Irreconcilable Differences: The parties have irreconcilable

differences that have led to the permanent breakdown of the marriage.

[Describe the reasons:]

[ ] Mutual Consent: The parties have executed a written settlement

agreement resolving all issues relating to alimony, property

distribution, and the care, custody, access, and support of minor

children. The agreement is attached hereto as Exhibit A.

STATEMENT OF FACTS

1. [Describe the history of the marriage, including: date of marriage,

separation date, reasons for divorce, current living arrangements, etc.]

1. There is no reasonable hope or expectation of reconciliation between the

parties.

PROPERTY

1. Under Md. Code, Family Law § 8-205, after determining which property is

marital property, "the court may transfer ownership of an interest in

property... grant a monetary award, or both, as an adjustment of the

equities and rights of the parties concerning marital property, whether

or not alimony is awarded."

1. The parties acquired the following property during the marriage:

Real Property:

[List or state: None / To be determined]

Personal Property:

[List or state: None / To be determined]

Retirement Accounts/Pensions:

[List or state: None / To be determined]

Debts and Liabilities:

[List or state: None / To be determined]

1. Plaintiff requests that the Court equitably divide the marital property

in accordance with Maryland law.

ALIMONY

1. Under Md. Code, Family Law § 11-101(a), "The court may award alimony...

as a part of a decree that grants... an absolute divorce."

1. [If seeking alimony:] Plaintiff [is / is not] seeking alimony.

[If seeking:] Plaintiff requests [temporary / indefinite / rehabilitative]

alimony in the amount of $[AMOUNT] per month for [DURATION] because:

[Describe need and other party's ability to pay]

CHILD CUSTODY AND SUPPORT

[Complete this section if there are minor children]

1. Plaintiff requests the following custody arrangement:

[Describe proposed legal and physical custody, residential schedule]

1. Plaintiff requests that child support be established in accordance with

the Maryland Child Support Guidelines.

1. Plaintiff's gross monthly income: $[AMOUNT]

Defendant's gross monthly income (to the extent known): $[AMOUNT]

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

a) Grant Plaintiff an Absolute Divorce from Defendant on the grounds of

[six-month separation / irreconcilable differences / mutual consent];

b) Equitably divide the marital property;

c) [If applicable:] Award Plaintiff alimony in the amount of $[AMOUNT] per

month;

d) [If applicable:] Award custody of the minor child(ren) as requested;

e) [If applicable:] Establish child support in accordance with the Maryland

Child Support Guidelines;

f) Award Plaintiff costs and reasonable attorney's fees; and

g) Grant such other and further relief as the Court deems just and proper.

VERIFICATION

I, [PETITIONER FULL NAME], declare under the penalties of perjury pursuant to

Md. Code Ann., Crim. Law § 9-101 that the foregoing is true and correct to

the best of my knowledge, information, and belief.

Executed this ___ day of _____________, 20___.

______________________________

[PLAINTIFF SIGNATURE]

[PLAINTIFF FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

________________________________________________________________________________

FILING INSTRUCTIONS

FORMATTING REQUIREMENT (Md. Rule 1-301(c)):

Every document filed with a Maryland court must have 1.5-inch top AND left

margins on all pages. Right and bottom margins must be at least 1 inch.

NOTE: Maryland's 1.5-inch top AND left margin requirement is unique — verify

both margins before filing.

Circuit Court for [County] County

Court: Circuit Court for [County] County, Maryland

Address: [County Courthouse Address]

Filing Fee: Approximately $165-200 (varies by county)

Fee Waiver: Request "Request for Waiver of Prepaid Costs" from clerk

Required Documents:

1. Complaint for Absolute Divorce (this document)
2. Civil - Domestic Case Information Report
3. Summons (issued by clerk)
4. Financial Statement (if requesting alimony or child support)
5. Settlement Agreement (if seeking divorce by mutual consent)
6. Filing fee or fee waiver request

Service:

After filing, Defendant must be served with:

• Summons
• Copy of Complaint
• Any other filed documents

Service can be done by:

• Sheriff's deputy (approximately $40-60)
• Private process server
• Certified mail with return receipt (check local rules)

Grounds for Absolute Divorce in Maryland:

• 6-Month Separation: Parties have lived separate and apart for 6 months
• Irreconcilable Differences: Permanent breakdown of marriage
• Mutual Consent: Written settlement agreement resolving all issues

Waiting Period:

There is no waiting period after filing. The court can grant the divorce

once the grounds are proven.

Court Locations by Major County:

• Baltimore City: 111 North Calvert Street, Baltimore, MD 21202
• Baltimore County: 401 Bosley Avenue, Towson, MD 21204
• Montgomery County: 50 Maryland Avenue, Rockville, MD 20850
• Prince George's County: 14735 Main Street, Upper Marlboro, MD 20772
• Anne Arundel County: 8 Church Circle, Annapolis, MD 21401

Legal Aid Resources:

• Maryland Legal Aid: 1-800-999-8904 or https://www.mdlab.org
• House of Ruth (domestic violence): 1-800-222-1222
• Women's Law Center: (410) 321-8761
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

________________________________________________________________________________