Annapolis, MD Divorce Attorney Office

In order to file a complaint for divorce in the State of Maryland, you or your spouse has to have been a resident of the state for at least six months. The divorce complaint must be filed in the circuit court for the county where the Plaintiff (the party filing for divorce) lives or where the Defendant (other party) lives, works, or owns a business.

So, if you or your spouse have lived in Maryland for the last year and you presently live in Anne Arundel County, or your estranged spouse lives, works, or owns a business in Anne Arundel County, then you may file in Anne Arundel County.

There is no mandatory waiting period in Anne Arundel before a divorce can be granted. There are, however, specific time requirements that govern when a Complaint for a Limited and/or Absolute Divorce can be filed.

The length of the divorce process depends on several factors, including the complexity of the case. The more issues the parties are in agreement with the faster the process may be able to move along. If the case is for an Uncontested Divorce, meaning that the parties agree to the divorce and the grounds thereof, and there are no issues regarding minor children or property, the case could go to trial in several months.

If the case is a contested divorce and/or there are issues regarding minor children and/or property distribution, the court will first schedule a Scheduling Conference, which will probably not occur for several months.

At the Scheduling Conference a judge or magistrate will talk to the parties and determine dates for such things as a discovery deadline; whether or not a pendete lite hearing should be held; and the date for a Settlement Conference. If the case has not reached settlement at the time of the Settlement Conference, it will then be set in for a trial.

Keep in mind that the domestic division of the Circuit Court for Anne Arundel County is a busy docket and can get backlogged.

After filing your Complaint, you will receive from the court a Summons. This Summons and a copy of your Complaint will have to be served on your spouse.

This is called Process. Process can be served by either the Sheriff or a private person over the age of 18, who is not a party to the action.

The person filing the Complaint cannot serve Process on the other party.

Service of Process can be effectuated in several ways. It is best to serve initial pleadings by personal service directly on the defendant. Process can be served by certified mail, but this can create problems, especially if someone other than the defendant signs the certificate.

There are alternate methods of process that may be ordered by the court if it can be shown that the defendant is evading service or if good faith efforts for delivery have not otherwise successful. The court will order which alternate method of service is to be used.

Alternate methods may include service by first class mail to the defendant’s last known address and delivering a copy of the same to a person of suitable age and discretion at the place of business of the defendant. If the court orders that service by publication is permissible, The Capital is the local publication typically used.

To file for divorce you will need to file a Complaint, a Financial Statement, and a Domestic Case Information Report. The clerk’s office has fill-in-the-blank forms for a Complaint. They also have the Financial Statement and Domestic Case Information Report. All of these documents are also available at the Maryland Judiciary website.

It is important to note that the Complaint forms that the court has are very generic and will most likely not be tailored to fit some of the specifics in your case. Also, the clerks will not be able to assist you in filling out the forms.

Anne Arundel County does offer a Family Law Self-Help Center, and information regarding this program can be found on the Anne Arundel website.

All Domestic (Family Law) matters, like divorce, child custody, child support, paternity, and guardianship in Baltimore County are conducted through the Family Division of the Circuit Court for Anne Arundel County.

The Circuit Court for Anne Arundel County is physically located at 7 Church Circle, Annapolis, Maryland, 21401.

The mailing address for the clerk’s office is: Office of the Clerk of the Circuit Court, P.O. Box 71, Suite 300, Annapolis, Maryland, 21404-0071.

Note: A petition for protection from domestic violence may be filed in any District Court or Circuit Court in Maryland.