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How to File...
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Please file all Complaints, Petitions, and Motions in the Clerk's Office located at 200 Charles Street, La Plata, Maryland 20646. You can either mail or hand-deliver your court documents. You have the option of using the forms linked in each section below or visiting the Clerk's Office to receive a packet of forms already printed. The hours of operation for the Clerk's Office are 8:00 am to 4:30 pm. Another option is to file electronically, anytime, day or night. Click here to begin the process of filing your documents electronically. For questions regarding filings or to obtain information about your case, please contact the Clerk's Office at 301-932-3201. |
Filing a Divorce Case
OPENING A NEW CASE:
Complete a complaint form. There are 2 different divorce complaint forms:
- Complaint for Absolute Divorce (Form CC-DR-020)
- Counter-Complaint for Absolute Divorce (Form CC-DR-094)
SAFETY CONCERNS ? If you want your personal information to remain confidential for safety or domestic violence concerns, do not include your address or contact information on the complaint form. To ask the court to seal a case record or to limit inspection of a portion of the record, file a Motion to Seal or Otherwise Limit Inspection of a Case Record (Form CC-DC-053).
Don't know which form to use? You may want to speak with a lawyer to make sure you understand what type of divorce you need and to determine the legal reason (or ground) for a divorce.
If you are unable to pay the fee associated with opening a new case, then you may request the court to waive the fee by filing:
You must file the request to waive prepaid costs with your complaint and financial statement. Click here to watch a short video about waiving prepayment filing fees.
COMPLETE OTHER FORMS AS REQUIRED:
- 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. The court will not mail you your divorce decree unless you file this form.
DO I NEED A LAWYER?
Divorce can be complex. You may have a lot at stake if child custody is an issue, or if property, retirement assets, or alimony needs to be resolved. Consider having a lawyer represent you if your case has complicated issues or if your spouse has a lawyer. If you plan to represent yourself, talk to a free lawyer at The Legal Resource Center & Law Library or by calling the Maryland Courts Self-Help Center. These lawyers can’t represent you in court, but they can help you represent yourself.
SERVICE OF PROCESS (aka: SERVICE):
When you file the complaint, the Clerk's Office will take your documents and return a summons to you by mail. The summons and attached documents must be served on the defendant(s) by someone who is: 1) 18 years of age or older; and 2) NOT a party listed on the case. The person who serves the defendant(s) will need to complete and sign an Affidavit of Service. There are 2 form options for an Affidavit of Service:
- Affidavit of Service (Certified Mail Restricted Delivery - Receipt Requested)
- Affidavit of Service (Hand Delivery/Private Process)
The person serving the defendant needs to complete one of the Affidavit of Service forms depending on the method in which the defendant(s) were served.
- You can also request that the sheriff or constable serve the defendant for a fee. For questions about this process, please contact the Clerk's Office at 301-932-3201.
Click here to watch a short video about service of process. You may also review this tip sheet for helpful information about Service of Process.
ANSWER THE COMPLAINT:
If the defendant is served in:
- Maryland, then the defendant should file an Answer within 30 days after service;
- another state, then the defendant should file an Answer within 60 days after service; and
- another country, then the defendant should file an Answer within 90 days after service.
- Answer to Complaint/Petition/Motion
- If applicable, the defendant(s) can file a Counter-Complaint for Custody/Child Support
- Counter-Complaint for Custody/Child Support CC-DR-095 Instructions
DEFAULT:
If the deadline passes with no Answer filed then the person who filed the initial complaint may file a request for a finding of default.
HELPFUL VIDEOS:
- 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 SHEETS:
- Divorce 1: What Type of Divorce Do I Need?
- Divorce 2: Determining a Legal Reason (or Ground) for Divorce
- Divorce 3: (Mutual Consent Ground for Divorce)
- Divorce 4: Asking for Spousal Support or Alimony
- Divorce 5: How the Courts Divide Jointly-Owned Property
- Divorce 6: Use and Possession
- Divorce 7: How to Restore Your Former Name
- Divorce 8: Forms You Need to File
- Divorce 9: How to File for Divorce
Filing a Custody Case
OPENING A NEW CASE:
- Review the Complaint for Custody Instructions for Completing Form CC-DR-004
- Review and Complete the Complaint for Custody (Form: CC-DR-004)
- Review and Complete the Financial Statement
If you are unable to pay the fee associated with opening a new case, then you may request the court to waive the fee by filing:
You must file the request to waive prepaid costs with your complaint and financial statement. Click here to watch a short video about waiving prepayment filing fees.
SERVICE OF PROCESS (aka: SERVICE):
When you file the complaint, the Clerk's Office will take your documents and return a summons to you by mail. The summons and attached documents must be served on the defendant(s) by someone who is: 1) 18 years of age or older; and 2) NOT a party listed on the case. The person who serves the defendant(s) will need to complete and sign an Affidavit of Service. There are 2 form options for an Affidavit of Service:
- Affidavit of Service (Certified Mail Restricted Delivery - Receipt Requested); and
- Affidavit of Service (Hand Delivery/Private Process)
The person serving the defendant needs to complete one of the Affidavit of Service forms depending on the method in which the defendant(s) were served.
- You can also request that the sheriff or constable serve the defendant for a fee. For questions about this process, please contact the Clerk's Office at 301-932-3201.
Click here to watch a short video about service of process. You may also review this tip sheet for helpful information about Service of Process.
ANSWER THE COMPLAINT:
If the defendant is served in:
- Maryland, then the defendant should file an Answer within 30 days after service;
- another state, then the defendant should file an Answer within 60 days after service; and
- another country, then the defendant should file an Answer within 90 days after service.
- Answer to Complaint/Petition/Motion
- If applicable, the defendant(s) can file a Counter-Complaint for Custody/Child Support
- Counter-Complaint for Custody/Child Support CC-DR-095 Instructions
DEFAULT:
If the deadline passes with no Answer filed then the person who filed the initial complaint may file a request for a finding of default.
HELPFUL VIDEOS:
Child Custody: Important TermsChild Custody: How to File
Child Custody: Proceedings
Child Custody: Trial
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)
Can't Afford Court Filing Fees?
Service of Process: Circuit Court
Filing a Visitation Case
OPENING A NEW CASE:
- Review the Complaint for Visitation CC-DR 5 Instructions
- Review and Complete the Civil - Domestic Case Information Report (Form CC-DCM-001)
- Review and Complete the Complaint for Visitation (Form CC-DR 5)
- Review and Complete the Financial Statement
If you are unable to pay the fee associated with opening a new case, then you may request the court to waive the fee by filing:
You must file the request to waive prepaid costs with your complaint and financial statement. Click here to watch a short video about waiving prepayment filing fees. You may also review the tip sheet about filing for a request to waive prepaid costs.
SERVICE OF PROCESS (aka: SERVICE)
When you file the complaint, the Clerk's Office will take your documents and return a summons to you by mail. The summons and attached documents must be served on the defendant(s) by someone who is: 1) 18 years of age or older; and 2) NOT a party listed on the case. The person who serves the defendant(s) will need to complete and sign an Affidavit of Service. There are 2 form options for an Affidavit of Service:
- Affidavit of Service (Certified Mail Restricted Delivery - Receipt Requested); and
- Affidavit of Service (Hand Delivery/Private Process)
The person serving the defendant needs to complete one of the Affidavit of Service forms depending on the method in which the defendant(s) were served.
- You can also request that the sheriff or constable serve the defendant for a fee. For questions about this process, please contact the Clerk's Office at 301-932-3201.
Click here to watch a short video about service of process. You may also review this tip sheet for helpful information about Service of Process.
ANSWER THE COMPLAINT:
If the defendant is served in:
- Maryland, then the defendant should file an Answer within 30 days after service;
- another state, then the defendant should file an Answer within 60 days after service; and
- another country, then the defendant should file an Answer within 90 days after service.
DEFAULT:
If the deadline passes with no Answer filed then the person who filed the initial complaint may file a request for a finding of default.
Filing a Petition/Motion to Modify Custody/Visitation
REOPENING A CASE:
- Review the Petition/Motion to Modify Custody/Visitation Instructions for Completing DR 7
- Review and Complete the Petition/Motion to Modify Custody/Visitation
- Review and Complete the Financial Statement
If you are unable to pay the fee associated with reopening a new case, then you may request the court to waive the fee by filing:
You must file the request to waive prepaid costs with your complaint and financial statement. Click here to watch a short video about waiving prepayment filing fees. You may also review the tip sheet about filing for a request to waive prepaid costs.
SERVICE OF PROCESS (aka: SERVICE)
When you file the complaint, the Clerk's Office will take your documents and return a summons to you by mail. The summons and attached documents must be served on the defendant(s) by someone who is: 1) 18 years of age or older; and 2) NOT a party listed on the case. The person who serves the defendant(s) will need to complete and sign an Affidavit of Service. There are 2 form options for an Affidavit of Service:
- Affidavit of Service (Certified Mail Restricted Delivery - Receipt Requested); and
- Affidavit of Service (Hand Delivery/Private Process)
The person serving the defendant needs to complete one of the Affidavit of Service forms depending on the method in which the defendant(s) were served.
- You can also request that the sheriff or constable serve the defendant for a fee. For questions about this process, please contact the Clerk's Office at 301-932-3201.
Click here to watch a short video about service of process. You may also review this tip sheet for helpful information about Service of Process.
ANSWER THE COMPLAINT:
If the defendant is served in:
- Maryland, then the defendant should file an Answer within 30 days after service;
- another state, then the defendant should file an Answer within 60 days after service; and
- another country, then the defendant should file an Answer within 90 days after service.
DEFAULT:
If the deadline passes with no Answer filed then the person who filed the initial complaint may file a request for a finding of default.
Petition for Contempt (Denial of Visitation)
REOPENING A CASE:
- Review the Petition for Contempt (Denial of Visitation) Instructions for Completing CC-DR-003
- Review and Complete the Petition for Contempt (Denial of Visitation)
If you are unable to pay the fee associated with reopening a new case, then you may request the court to waive the fee by filing:
You must file the request to waive prepaid costs with your complaint and financial statement. Click here to watch a short video about waiving prepayment filing fees. You may also review the tip sheet about filing for a request to waive prepaid costs.
SERVICE OF PROCESS (aka: SERVICE)
When you file the complaint, the Clerk's Office will take your documents and return a summons to you by mail. The summons and attached documents must be served on the defendant(s) by someone who is: 1) 18 years of age or older; and 2) NOT a party listed on the case. The person who serves the defendant(s) will need to complete and sign an Affidavit of Service. There are 2 form options for an Affidavit of Service:
- Affidavit of Service (Certified Mail Restricted Delivery - Receipt Requested); and
- Affidavit of Service (Hand Delivery/Private Process)
The person serving the defendant needs to complete one of the Affidavit of Service forms depending on the method in which the defendant(s) were served.
- You can also request that the sheriff or constable serve the defendant for a fee. For questions about this process, please contact the Clerk's Office at 301-932-3201.
Click here to watch a short video about service of process. You may also review this tip sheet for helpful information about Service of Process.
ANSWER THE COMPLAINT:
If the defendant is served in:
- Maryland, then the defendant should file an Answer within 30 days after service;
- another state, then the defendant should file an Answer within 60 days after service; and
- another country, then the defendant should file an Answer within 90 days after service.
DEFAULT:
If the deadline passes with no Answer filed then the person who filed the initial complaint may file a request for a finding of default.