How to Obtain a Legal Separation in Maryland
In Maryland, there is no legal separation. However, there is a similar status called a "limited divorce," where couples can legalize their separation. Like legal separation, a limited divorce does not completely dissolve the marital bond and the couple cannot remarry unless they obtain an absolute divorce. Filing for a limited divorce involves at least nine steps.
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Things You'll Need
- Form CC-DR 21
- Forms CC-DR 30 or 31 if requesting alimony or you have children but do not have a child support order
Instructions
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Steps to Obtain a Limited Divorce
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1
Complete Form CC-DR 21. This form requires you to provide your name (as the plaintiff) and your spouse's information (as the defendant). Provide a telephone number and address where the court can reach you during the proceedings. Also provide these details for your spouse. If you do not have your spouse's contact information, and you feel you have exhausted all options, call the Legal Forms Helpline at 1-800-818-9888. They may be able to help.
Fill in the form to the best of your ability. You need to provide grounds to request a limited divorce, citing either desertion, cruelty or vicious conduct toward you or a minor child and the fact that you are voluntarily living separately.
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2
Complete other court documents and attach them to the complaint. Other documents include a Property Settlement Agreement, if you and your spouse completed one, and a Financial Statement for Alimony or Child Support (CC-DR 30 or CC-DR 31). You should only complete these forms if you are asking the court for alimony or have children and there is no child support order in place.
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3
Pay the filing fee. Generally, every civil court case has a mandatory filing fee. This fee varies so ask the clerk of the court what it is in your case. You can request to have your filing fee delayed or even eliminated, but you need to file the DOM REL 32 form at the beginning of your case. Your filing fee may also change if you need the sheriff's office to serve your spouse or your case requires co-parenting education or mediation sessions.
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4
Complete all the required paperwork and bring it to the clerk of the court, where you will get a case number and a writ of summons. You must serve your spouse with the writ of summons and all other documents in the case. You cannot serve your spouse the yourself. You need to hire a private service, contact the sheriff's office or have a neutral third party serve your spouse. You need proof that the other side was served.
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5
Request a default hearing if the other side does not respond. In Maryland, your spouse has 30 days after she receives the court paperwork to respond. If you have to have your spouse served outside the state, she has 60 days to respond. Similarly, if your spouse lives in another country, she has 90 days to respond. Once that time elapses, you can request an order of default and and an uncontested hearing.
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File a request for hearing or proceeding. Once you receive the other side's answer to your complaint, most counties will schedule a court date automatically. However, if you do not receive a court date, file a CC-DR 59. If you have children or your spouse contests the complaint, the court will notify you of a scheduling conference. You must attend. If the other side does not contest the complaint, you must contact the clerk of court, in writing, to request an uncontested hearing.
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7
Fill out a child support guidelines worksheet if you have children with your spouse. Ask the clerk of the court how to get one of these worksheets. In many cases, you need to attend a co-parenting class with your spouse.
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8
Attend a hearing with a witness. Even in an uncontested matter, an adult witness must testify on your behalf. Uncontested matters are usually filed as a voluntary separation, and your witness will need to testify to the following: the witness knows you and your spouse, knows you are married, knows you both voluntarily agree to separate, knows there is no reasonable hope of reconciliation and, if there is an order of default, knows whether or not your spouse is in the military. If you and your spouse filed a separation agreement under oath, your witness will not have to testify that your separation is voluntary.
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Tips & Warnings
Make sure you know all the important dates and deadlines in your county. Each court has its own regulations and response requirements. Talk to the clerk if you have any questions. You can also use an attorney.
Contact an attorney immediately if your case has any contested issues, your spouse has a lawyer, you cannot locate your spouse, you have a lot of assets or you cannot reach an agreement with your spouse on matters concerning your children. You should hire a lawyer if you are not sure you can provide the court will all the information it needs. You should also seek legal help if you are seeking an absolute divorce or annulment.
References
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