Maryland Complaint For Absolute Divorce

State:
Maryland
Control #:
MD-SKU-1185
Format:
PDF
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Description

Complaint For Absolute Divorce

A Maryland Complaint For Absolute Divorce is a legal document used to file for divorce in a Maryland court. It is a civil action that is initiated by one spouse, who is known as the Plaintiff, and filed against the other spouse, who is known as the Defendant. The Complaint is used to formally set forth the grounds for the divorce, the desired outcome of the divorce, and the relief sought by the Plaintiff. There are two types of Maryland Complaint For Absolute Divorce: no-fault divorce and fault divorce. In a no-fault divorce, the parties do not need to prove fault to obtain a divorce. Instead, they simply need to prove that the marriage is irretrievably broken and that all other statutory requirements have been met. In a fault divorce, one spouse must prove that the other spouse is at fault for the breakdown of the marriage. Examples of fault grounds include adultery, cruelty, excessive vicious conduct, desertion, and insanity. The Maryland Complaint For Absolute Divorce must be filed in the county where one of the spouses resides and must include certain required information. This includes the names and addresses of the parties, the grounds for divorce, the date of marriage, and the relief requested. Once the Complaint has been filed, a summons must be served on the Defendant. This informs the Defendant of the Complaint and outlines the legal process moving forward.

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FAQ

Once a Marital Separation Agreement has been reached, a Maryland divorce usually takes 30 to 120 days to become final. However, the length of time can vary depending on the specific court, caseload, and availability of judges.

You Can Withdraw a Divorce Petition If a couple changes their mind about divorcing and want to remain married, they can withdraw their divorce petition to stop the process before it begins. Soon after submitting your divorce papers to the local court, you should go to the county clerk and ask for the petition.

If you want to respond to a divorce case that your spouse has opened, use the Answer (CC-DR-050) and, if necessary, a Counter-Complaint for Absolute Divorce (CC-DR-094) or Limited Divorce (CC-DR-111).

You submit that written settlement agreement to the Court along with your initial divorce filings. Then, at the hearing, you simply have to confirm that you still want the divorce to be entered, and ? assuming all the paperwork is in order ? the judge will sign your Judgment of Absolute Divorce.

In Maryland, there are seven accepted fault grounds for an absolute divorce. Adultery, desertion, conviction of certain crimes, insanity, cruelty, and excessively vicious conduct. Below, we cover what you can expect when filing divorce under the grounds of adultery or desertion. Requires no waiting period.

An uncontested divorce will usually take approximately two to three months. Maryland requires a final hearing for a magistrate to review your settlement agreement and make sure you meet all of the requirements for a divorce. (Md. Rules, rule 9-209 (2022).)

If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. Whether or not your spouse responds, you will have to appear before the court (in almost all cases the hearing will be before a master) in a hearing scheduled by the clerk.

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Maryland Complaint For Absolute Divorce