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CIRCUIT COURT FOR [COUNTY] County
STATE OF MARYLAND
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In re: The Marriage of:
[PETITIONER FULL NAME],
) Case No.: _______________
Petitioner,
and
[RESPONDENT FULL NAME],
) Filed: _______________
Respondent.
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COMPLAINT FOR ABSOLUTE DIVORCE
(UNCONTESTED - MUTUAL Consent)
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Petitioner [FULL NAME], by this Complaint for Absolute Divorce,against Respondent [FULL NAME], and in support thereof states as follows:
PARTIES AND JURISDICTION
- Petitioner [FULL NAME] resides at [ADDRESS], [CITY], [COUNTY] County,
Maryland [ZIP], and has been a resident of the State of Maryland for at least six (6) months immediately preceding
the filing of this Complaint, as required by Md. Code, Family Law § 7-101.
- Respondent [FULL NAME] resides at [ADDRESS], [CITY], [STATE] [ZIP].
- This Court has jurisdiction over this matter pursuant to Md. Code,
Family Law § 7-101, which provides that "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."
MARRIAGE
- Petitioner and Respondent were married on [DATE OF MARRIAGE] at [CITY],
[STATE], in a ceremony duly solemnized according to law.
CHILDREN
- [ ] There are NO minor children born of this marriage, and Petitioner is not currently pregnant.
[ ] The following minor child(ren) were born of this marriage:
| Name | Date of Birth | Age |
|---|---|---|
| [NAME] | [MM/DD/YYYY] | [AGE] |
- Petitioner is [pregnant / not pregnant] at this time.
- No other party has custody of any minor child, and no other custody
proceedings are pending in any other court.
GROUNDS FOR DIVORCE — MUTUAL CONSENT
- Petitioner seeks a divorce on the ground of mutual consent, pursuant to
Md. Code, Family Law § 7-103(a)(3), which provides that "the court may decree an absolute divorce on the following grounds:... mutual consent, if: (i) the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to: 1. alimony; 2. the distribution of property, including the family home; 3. the custody, visitation, and support of any minor or dependent children."
- The parties have executed and attached hereto as Exhibit A, a Marital
Settlement Agreement that resolves all issues relating to alimony, distribution of property, and custody and visitation, and child support.
- Under Md. Code, Family Law § 7-103(b)(1)(iii), neither party files a
pleading or set aside the settlement agreement prior to the divorce
hearing required under the Maryland Rules.
- Petitioner and Respondent have lived separate and apart since
[DATE], in accordance with Md. Code, Family Law § 7-103(b)(1)(i),
which provides that the parties reside under the same roof.
- The parties' marriage is irretrievably broken and there is no reasonable
expectation of reconciliation.
PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Court:
a) Grant an Absolute Divorce dissolving the bonds of matrimony between
the parties on the ground of mutual consent;
b) Approve and incorporate the parties' Marital Settlement Agreement
into the Final Decree of Absolute Divorce;
c) Award costs of this proceeding as the Court deems just;
d) Grant such other and further relief as this Court deems just
and proper.
VERIFICATION
I, [PETITIONER FULL NAME], being duly sworn, declare under penalty of perjury under the laws of the State of Maryland (Md. Code, Business Regulation § 14-213)
that the foregoing is true and correct to the best of my knowledge,
information, and belief.
Executed this ___ day of _____________, 20___.
______________________________
Signature of Petitioner
[PETITIONER FULL NAME, printed]
[ADDRESS]
[CITY, STATE, ZIP]
[PHONE NUMBER]
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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.
Court: Circuit Court for [COUNTY] County
(File in the county where Petitioner or Respondent resides)
MAJOR MARYLAND COUNTIES:
Montgomery County:
Circuit Court
50 Maryland Avenue, Room 200
Rockville, MD 20850
Phone: (240) 777-9400
Hours: Monday-Friday, 8:30 AM - 4:30 PM
Prince George's County:
Circuit Court
14735 Main Street, Suite 2101
Upper Marlboro, MD 20772
Phone: (301) 952-3655
Hours: Monday-Friday, 8:30 AM - 4:30 PM
Baltimore City:
Circuit Court
111 North Calvert Street, Room 400
Baltimore, MD 21202
Phone: (410) 333-3612
Baltimore County:
Circuit Court
401 Bosley Avenue, Room 505
Towson, MD 21204
Phone: (410) 887-2130
Anne Arundel County:
Circuit Court
8 Church Circle
Annapolis, MD 21401
Phone: (410) 222-1214
Howard County:
Circuit Court
3640 Court House Drive
Ellicott City, MD 21043
Phone: (410) 313-2111
Frederick County:
Circuit Court
100 West Patrick Street
Frederick, MD 21701
Phone: (301) 600-1979
Filing Fee: Approximately $150-$200 (varies by county)
Fee Waiver: Request a "Request for Waiver
of Prepaid Costs" from the clerk if you cannot
afford the fee.
Required Documents: (1) Complaint for Absolute Divorce (this document)
(2) Marital Settlement Agreement (signed by both parties)
(3) Proof of residency (driver's license, utility bill)
(4) Civil Case Information Report (obtain from clerk)
Waiting Period: No mandatory waiting period for mutual consent divorces
under Md. Code, Family Law § 7-103(b)(3).
Copies: Bring 3 copies: original for court, copy for Respondent,
copy for yourself.
Hearing: Both parties may be required to appear briefly. The
judge will confirm the settlement agreement and enter
the divorce decree.
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