Maryland Divorce Complaint — Your Filing Guide
What This Document Does
This is a Complaint for Absolute Divorce that you file with the Circuit Court to legally end your marriage. It tells the court about your marriage, your spouse, your grounds for divorce, and what you're asking the court to decide (property division, alimony, custody, child support).
When to Use This
- You want to legally end your marriage
- You and your spouse have separated (or are about to separate)
- You have lived in Maryland for at least 6 months
- You meet one of the grounds for divorce in Maryland
Grounds for Absolute Divorce in Maryland
Maryland has three grounds for absolute divorce:
- 6-Month Separation — You and your spouse have lived separate and apart for at least 6 months without interruption. You can even live in the same house if you have "pursued separate lives."
- Irreconcilable Differences — The marriage has permanently broken down and there's no hope of reconciliation.
- Mutual Consent — Both you and your spouse agree to the divorce and have signed a written settlement agreement that resolves all issues (property, alimony, custody, child support).
Before You File
Gather these items:
- [ ] Your marriage certificate
- [ ] Proof of Maryland residency (driver's license, utility bill, lease) for at least 6 months
- [ ] Information about your property (deed, vehicle titles, bank accounts, retirement accounts)
- [ ] Information about your debts (credit cards, loans, mortgage)
- [ ] Proof of income for both spouses (pay stubs, tax returns)
- [ ] If you have children: their birth certificates, Social Security numbers, and school information
- [ ] $165-200 filing fee or fee waiver request
Step-by-Step Filing
- Complete the Complaint. Fill in every blank. Choose your grounds for divorce.
- Complete the Civil - Domestic Case Information Report. This is a standard form available from the court clerk.
- If requesting alimony or child support: Complete the Financial Statement showing your income and expenses.
- If seeking divorce by mutual consent: Attach your signed settlement agreement.
- Make 3 copies. Keep one for yourself. File the original and two copies.
- Go to the Circuit Court in your county. Divorce cases are filed in Circuit Court (not District Court).
- Pay the filing fee.
- If you can't afford the fee: Ask the clerk for a "Request for Waiver of Prepaid Costs."
- Get the Summons. The clerk will give you a Summons to have served on your spouse.
- Serve your spouse. Your spouse must receive copies of the Summons and Complaint. Options:
- Sheriff's deputy (approximately $40-60)
- Private process server
- Certified mail with return receipt (check if your court allows this)
- Attend your hearing. The court will schedule a hearing. Bring all your documents.
Living Separate and Apart
For a 6-month separation divorce:
- You and your spouse must live "separate and apart" for 6 months
- You can live in the same house if you:
- Sleep in separate bedrooms
- Do not share meals
- Do not have sexual relations
- Do not share household duties
- Basically live as roommates, not spouses
Property Division
Maryland is NOT a "community property" state. The court divides property based on what is fair ("equitable distribution"). The court considers:
- What each spouse contributed to the marriage
- How long you were married
- Each spouse's financial situation
- Why the marriage ended
- Each spouse's age and health
Alimony
The court may award alimony (spousal support) based on:
- How long you were married
- Each spouse's ability to support themselves
- Each spouse's financial needs and resources
- The standard of living during the marriage
- Each spouse's contributions to the marriage
At Your Hearing
Bring:
- Your filed Complaint
- Marriage certificate
- Proof of residency
- Financial documents
- Property records
- Any settlement agreement
- If you have children: birth certificates, proof of income
Say:
- "Your Honor, I am [YOUR NAME]. I filed a Complaint for Absolute Divorce on [DATE]."
- "I am requesting a divorce on the grounds of [6-month separation / irreconcilable differences / mutual consent]."
- "We separated on [DATE] and have lived separate and apart since then."
- Be respectful. Answer the judge's questions directly.
Legal Aid Resources
If you need free legal help:
- Maryland Legal Aid: 1-800-999-8904 — Free legal services for low-income Marylanders
- 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
Disclaimer
This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.
Not a law firm. Not your attorney. No attorney-client relationship exists.