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Maryland Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Maryland. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Maryland, certain forms may or may not be required by the Maryland courts.
Complaint for Absolute Divorce, CCDR20, or Complaint for Limited Divorce, CCDR21
Most divorcing couples seek an absolute divorce rather than a limited divorce, which is a legal separation. The Complaint identifies the parties, the children, the grounds and the relief requested. When the Complaint is filed, the Clerk of Court issues the Plaintiff a Summons to Serve Process on the Defendant.
Civil-Domestic Case Information Report, DCIR
Both parties must complete a Civil-Domestic Case Information Report. The Plaintiff also gives the Defendant a blank one for him or her to complete and return. The Civil-Domestic Information Report is a cover sheet describing the nature of the case.
Financial Statement (short), DR30 or Financial Statement (long), DR31
Both the Plaintiff and the Defendant must complete a Financial Statement, either short or long form. A party contesting the action, or one seeking alimony or child support must use the long form.
Joint Statement of Parties Concerning Martial and Non-Marital Property, DR33
The Joint Statement of Parties Concerning Martial and Non-Marital Property must be filed by the husband and the wife. It lists both marital and nonmarital property, how the property is titled, and each spouse's assertion of fair market value as well as liens, encumbrances and debts against the property.
Divorcing parents with children must complete one of two worksheets by which child support is calculated. They are as follows:
> Child Support Guidelines Worksheet A -- Sole Custody, DR34, when the noncustodial parent pays support to the custodial parent, or
> Child Support Guidelines Worksheet B -- Shared Custody, DR35, when the parents share physical custody of the child.
Answer to Complaint/Petition/Motion, DR50
When the Defendant wishes to contest the action, he or she filed an Answer to Complaint/Petition/Motion. In this he agrees or disagrees in part or in whole with the allegations in the Complaint. the Defendant files this, together with his or her Civil-Domestic Case Report, with the Court Clerk. The Answer is often filed in preparation for a contested divorce.
Request for Order of Default, DR54.
If the Defendant fails to respond within the time periods (30, 60 or 90 days, depending on his or her location in Maryland, out of state or out of the United States), the Plaintiff may file a Request for Default. This request also contains a Non-Military Affidavit, by which the Plaintiff certifies that the opposing party is not in the military and not protected from civil litigation by the Servicemembers' Civil Relief Act.
Order of Default, DR
The Order of Default follows the Plaintiff's Request for Order of Default.
The Affidavit of Service
The Affidavit of Service certifies the Defendant properly received the divorce papers. There are two forms. They are:
> Affidavit of Service (Certified Mail), DR56, to which is attached the green postal receipt card, or
> Affidavit of Service (Private Process), DR55, which affirmed by the person who delivers the divorce papers to the Defendant.
Joint Request to Schedule an Uncontested Divorce Hearing
If the spouses are in agreement, the couple can file a Joint Request for an Uncontested Divorce Hearing. Couples who have had a one-year or a two-year separation frequently use this route to a marriage in an uncontested action.
Motion for Alternative Service, DR70
A Motion for Alternative Service is used when the Defendant cannot or will not be located to accept the divorce papers. The Motion documents the steps taken by the Plaintiff to serve the Defendent and asks that the court permit either Service by Posting or Service by Publication.
Order for Alternative Service, DR71
This is a Court Order permitting alternative service after the Plaintiff makes a diligent effort to locate a missing spouse.
Notice-Alternative Service, DR72
This is the notice that is published as part of alternate service. After it has been published, the Defendant is considered served.
Report of Absolute Divorce or Annulment of Marriage, VRA24
This form records the divorce for the state's division of vital records.
Maryland law requires equitable distribution of property in a divorce. The court determines a fair award of property and debt. Unless the couple can reach a settlement, the court divides the marital property, pension, retirement, profit sharing or deferred-compensation plans. The court considers contributions of each party, the well being of the family, the property value, the economic circumstances of each spouse as well as current situations such as age, mental state, the duration of the marriage, and the interest each party has in the property.
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