Baltimore, MD

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 Baltimore City, or your estranged spouse lives, works, or owns a business in Baltimore City, you may file in Baltimore City.

There is no mandatory waiting period in Baltimore 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 what services, conferences and/or other hearings are needed prior to the final trial.

This will ultimately determine the length of the entire proceeding, if it is not subsequently postponed or continues by request of the parties or necessity of the Court.

Keep in mind that the domestic division of the Circuit Court of Baltimore City 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 been 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 Daily Record 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.

The city of Baltimore does offer a separate pro se (parties representing themselves without an attorney) assistance program that will provide support in completing the forms. This program is offered Monday through Friday at the Baltimore City Circuit Court, Courthouse East. This service is in high demand and they are only able to assist a certain amount of people at any given time.

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

The Circuit Court for Baltimore City is located in two buildings directly across from each other on the 100 block of North Calvert Street. The courthouse to the west is referred to as “Courthouse West” or the Clarence M. Mitchell Jr. Courthouse. The courthouse to the east, which is located in the old Post Office building, is referred to as “Courthouse East.”

The Family Division is located on the first floor of Courthouse East, 111 N. Calvert Street, Baltimore, Maryland, 21202.

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