Login

Fillable Printable Complaint for Absolute Divorce Instrction and form- Maryland

Fillable Printable Complaint for Absolute Divorce Instrction and form- Maryland

Complaint for Absolute Divorce Instrction and form- Maryland

Complaint for Absolute Divorce Instrction and form- Maryland

Page 1 of 5
DRIN 20 (Rev. 09/2005)
COMPLAINT FOR ABSOLUTE DIVORCE
INSTRUCTIONS FOR COMPLETING DOM REL 20
If you want the court to grant you a complete dissolution (ending) of a marriage, you are
asking the court to grant you an absolute divorce. There are two ways you can get an absolute
divorce: (1) obtain the services of an attorney to handle your case; or (2) file the case yourself by
using the DOM REL forms. After a court issues a JUDGMENT OF ABSOLUTE DIVORCE,
you can remarry.
YOU MAY NEED AN ATTORNEY IF:
!the case is contested and your spouse has a lawyer. (See p. 5 of these instructions for
assistance in determining whether your case is uncontested.)
!you cannot locate your spouse to serve him or her with your papers.
!you or your spouse have a house, a pension, or a large amount of property or income.
Even if it is a friendly divorce, you should talk to a lawyer before you sign any
settlement papers or file anything in court.
!you and your spouse do not agree on who should have custody of the children.
!you think the court will need information that you cannot get.
!you have been married for close to ten years. Being married for ten years may entitle
you to certain benefits.
WHERE TO FILE: You should file in the county in which you live, or in which the
defendant lives or works. You do not have to file in the county in which you are married, if you
no longer live there.
There are 10 steps you must follow in order to file the case yourself:
> STEP 1 — Completion of Form DOM REL 20.
Page 1: Fill in both your name, as Plaintiff, and your spouse’s name, as Defendant. Then
fill in current addresses and telephone numbers for both. If you do not have an address for
the other side and have done everything you can to find the address, call the Legal Forms
Helpline (1-800-818-9888) to see if resources are available in your county to help you.
Line 1: After printing your name in the space provided, fill in the month, day and
year of your marriage. In the second blank, fill in the city or county and the state where
you were married. Circle whether you were married in a religious or a civil ceremony.
Line 2: Check off all statements that apply in your case and fill in the blanks.
Page 2 of 5
DRIN 20 (Rev. 09/2005)
Line 3: If you check off, “We have no children...,” remember to skip lines 5 and 6.
If you check off, “My spouse and I are the parents...,” write in the full names of all
the children you and your spouse had together and their dates of birth.
Line 4: Fill in information about any court cases which have involved either yourself,
the opposing party, or one of the children involved in this case. Provide information
cases which may have been handled by this court, or any other court both in Maryland
and outside the State.
Line 5: List cases concerning custody or visitation of the children where you have
participated as a party, a witness or in some other manner.
Page 2:
Line 6: List any other people who may believe they have a right to legal or physical
custody or visitation with the children.
Line 7: Fill in the name of the person the children listed above live with now.
Line 8: List all other places where the children have lived for the last 5 years.
Include the time period, placed lived, person with whom they lived, and that person’s
current address.
Line 9: Check the box for the type of custody or visitation you want and fill in the
names of the children involved.
Line 10: Check off whether or not you are seeking alimony. If you are seeking
alimony, state why.
Line 11: If you are asking the court to make a decision about your property, check
off the kinds of property you and your spouse have. If you or your spouse have debts,
you may check the box marked “Debts” and attach a list of the debts to this form.
NOTE: Normally the court cannot order one party to pay the debts of another.
However, the court may need to know what debts you have in order to determine the
value of any marital property.
Line 12: Check each ground for divorce that applies and fill in the blanks. (The list
begins on Page 3 of the form and continues onto Page 4). Choosing a certain ground or
grounds will not necessarily result in a divorce being granted.
!Two-year Separation - If you and your spouse have lived apart from each other for
at least two years without sexual intercourse with each other and there is no
reasonable hope of getting back together, you may check this ground. There are
some important things to remember: during the last two years, if you and your spouse
lived together at all, or if you have had sexual intercourse with your spouse during
Page 3 of 5
DRIN 20 (Rev. 09/2005)
that time, or if you spent even one night under the same roof, you cannot get an
absolute divorce based on a two-year separation. (For example, if you have been
separated from your spouse for two years, but one night a year ago you had sexual
intercourse with your spouse, then you have only been separated for one year.)
!Voluntary Separation - At least one year (12 months) ago, you and your spouse
agreed to separate with the intention of ending your marriage. For that entire time
you and your spouse lived in separate homes, did not spend a night under the same
roof, and did not have sexual intercourse with each other. There can be no reasonable
hope of getting back together. You may check this ground if all of these statements
are true.
!Adultery - If your spouse has had voluntary sexual intercourse with a person other
than you, you may check this ground for an absolute divorce. You must be able to
prove that your spouse committed the act of adultery or that he or she had disposition
and opportunity. Disposition is when your spouse and someone of the opposite sex
acted romantically towards each other. Opportunity is a specific chance to have
sexual intercourse with that person.
!Actual Desertion - If your spouse left you more than 12 months ago with the
intention of ending the marriage and you and your spouse have not had sexual
intercourse with each other during that time, you may check this ground.
Page 3:
!Constructive Desertion - If at least one year ago your spouse forced you to leave the
home by making it impossible for the two of you to live together in safety, with
health, and with self-respect and you and your spouse have not had sexual intercourse
with each other during this time, you may check this ground.
!Criminal Conviction of a Felony or Misdemeanor - This ground is explained on
DOM REL 20.
!Cruelty/Excessively Vicious Conduct Against Me or My Minor Child - If your
spouse has endangered your or your minor child’s safety or health more than once
and there is no reasonable hope that you and your spouse will get back together, you
may check this ground. However, one incident may be enough if it was very violent
and your spouse intended to harm you. The court will want you to prove that you
cannot live safely with your spouse.
!Insanity - This ground is explained on DOM REL 20.
Page 4 of 5
DRIN 20 (Rev. 09/2005)
In the section that begins “FOR THESE REASONS. . .,” check off everything you want. If
you fail to ask for alimony and/or property before the divorce, you will never be able to get
it.The court will not necessarily give you what you asked for.
Complete the affirmation on the bottom of Page 3, then date and sign the form.
> STEP 2 — Other Court Documents.
In addition to this form you may also need to complete and attach to the Complaint a:
1. Property Settlement Agreement, if you have one;
2. Financial Statement for Alimony or Child Support, DOM REL 30 or DOM REL
31, ONLY if you are requesting child support and/or alimony.
> STEP 3 — Filing Fee.
Payment of a filing fee is generally required for filing these papers with the court. See
General Instructions.
> STEP 4 — Filing Your Forms.
Take the completed documents to the Clerk of the Court. Make sure to get the case number.
> STEP 5 — Service.
You will need to have the other party properly served with a copy of all the papers you are
filing AND with a Writ of Summons which is provided by the Civil Clerk of this Court. See
General Instructions.
> STEP 6 — Request for Default if No Answer Filed.
If your spouse is served:Your spouse should answer within:
in Maryland30 days after service
in another state60 days after service
in another country90 days after service
If your spouse has not filed an answer by the required time, file a Request for Order of
Default, DOM REL 54.
> STEP 7 — Request for Hearing or Proceeding.
After you have received an Answer or an Order of Default, file a Request for Hearing or
Proceeding, DOM REL __, so that a court date will be set. See General Instructions.
Page 5 of 5
DRIN 20 (Rev. 09/2005)
> STEP 8 — Marital and Non-marital Property.
If property is an issue you may have to complete a Joint Statement of Parties Concerning
Marital and Non-marital Property, DOM REL 33, before your court date.
> STEP 9 — Child Support.
If there are children of this marriage, you may have to fill out a CHILD SUPPORT
GUIDELINES WORKSHEET. Ask the Clerk of the Court how to get one.
> STEP 10 — Hearing.
At the hearing for Absolute Divorce, you will need a corroborative witness. This is a person
who testifies for you and supports your version of the facts. The witness gives his/her testimony
based on the facts he/she saw or heard. An important exception is that your witness can testify
to what your spouse (but not you), told him/her.
UNCONTESTED MATTER: Examples of the most commonly used
uncontested grounds are:
Two-Year Separation: Your witness should be someone who knows you
well and has frequent contacts with you. Your witness must testify under oath
that he/she knows:
!you and your spouse are married to each other;
!you and your spouse have been separated for two years;
!there is no reasonable hope of your getting back together;
!if there is an order of default, whether or not your spouse is in the
military.
Voluntary Separation: Your witness should be someone who knows you
well and has frequent contacts with you. Your witness must testify under oath
that he/she knows:
!you and your spouse;
!you are married to each other;
!you and your spouse BOTH voluntarily agreed to separate;
!you and your spouse have been separated for one year;
!there is no reasonable hope of your getting back together;
!if there is an order of default, whether or not your spouse is in the
military.
If you and your spouse signed a separation agreement under oath (sworn),
which says that you separated “mutually and voluntarily” as of a certain date
(at least a year ago), then your witness does not have to know it was
voluntary. Even if you have this type of separation agreement, you will still
need a witness to testify to the other requirements.
CONTESTED MATTER:
IF YOU HAVE ANY CONTESTED MATTERS,
YOU SHOULD GET THE ASSISTANCE OF AN ATTORNEY WELL BEFORE
THE COURT DATE.
Page 1 of 2
Effective January 1, 2003
Circuit Court for _________________________________________________________________
City or County
CIVIL–DOMESTIC CASE INFORMATION REPORT
Directions:
Plaintiff: This Information Report must be completed and attached to the complaint filed with the Clerk of
Court unless your case is exempted from the requirement by the Chief Judge of the Court of Appeals pursuant to
Rule 2-111. A copy must be included for each defendant to be served.
Defendant: You must file an Information Report as required by Rule 2-323(h).
THIS INFORMATION REPORT CANNOT BE ACCEPTED AS AN ANSWER OR RESPONSE.
FORM FILED BY: PLAINTIFF DEFENDANTCASE NUMBER:_______________________
(Clerk to insert)
CASE NAME: _____________________________________ v _________________________________________
PlaintiffDefendant
PARTY’S NAME:________________________________________ PHONE: ( )
(Daytime phone)
ADDRESS: _____________________________________________________________________________________
PARTY’S ATTORNEY’S NAME: ___________________________ PHONE: ( )
ATTORNEY’S ADDRESS:________________________________________________________________________
I am not represented by an attorney
RELATED CASE PENDING? Yes NoIf yes, Court and Case #(s), if known:______________________
Special Requirements?Interpreter/communication impairmentWhich language______________
(Attach Form 1-332 if Accommodation or Interpreter Needed)Which dialect________________
ADA accommodation:___________________________________________
ALTERNATIVE DISPUTE RESOLUTION INFORMATION
Is this case appropriate for referral to an ADR process under Md. Rule 17-101? (Check all that apply)
A. Mediation Yes NoC. Settlement Conference Yes No
B. Arbitration Yes NoD. Neutral Evaluation Yes No
IS THIS CASE CONTESTED? Yes NoIf yes, which issues appear to be contested?
Ground for divorce
Child Custody Visitation
Child Support
Alimony Permanent Rehabilitative
Use and possession of family home and property
Marital property issues involving:
Valuation of business Pensions Bank accounts/IRA’s Real Property
Other: _________________________________________________________________________
Paternity
Adoption/termination of parental rights
Other: ________________________________________________________________________________
Request is made for: Initial order Modification Contempt Absolute Divorce Limited Divorce
For non-custody/visitation issues, do you intend to request:
Court-appointed expert (name field)___________ Mediation by a Court-sponsored settlement program
Initial conference with the Court Other: _____________________________________
For custody/visitation issues, do you intend to request:
Mediation bya private mediatorAppointment of counsel to represent child (not just to
Evaluation by mental health professionalwaive psychiatric privilege)
Other Evaluation ____________________ A conference with the Court
________________________________________________________________________________________
Is there an allegation of physical or sexual abuse of party or child? Yes No
Page 2 of 2 Effective January 1, 2003
CASE NAME: ______________________ V _____________________ CASE NUMBER: _____________________
PlaintiffDefendant(Clerk to insert)
TIME ESTIMATE FORA MERITS HEARING: ________ hours ________ days
TIME ESTIMATE FOR HEARING OTHER THAN A MERITS HEARING: ________ hours ________ days
_________________________________________________________________________________
Signature of Counsel/PartyDate
___________________________________________
Print Name
___________________________________________
Street Address
___________________________________________
City/State/ZIP
Circuit Court for
Case No.
Name
Street Address
Apt. #
City
Your Name
StateZip Code
Area
Code
Telephone
City or County
Name
Street Address
Apt. #
CityStateZip Code
Area
Code
Telephone
PlaintiffDefendant
COMPLAINT FOR ABSOLUTE DIVORCE
(DOM REL 20)
I, , representing myself, state that:
1. The Defendant and I were married on
Month Day Year
in in a civil religious ceremony.
2. Check all that apply:
I have lived in Maryland since:
My spouse has lived in Maryland since:
The grounds for divorce occurred in the State of Maryland.
Page 1 of 3
CC-DR 20 (Rev. 5/2008)
(Check One)
City/County/State where Married
Month/Year
Month/Year
3. Check one:
We have no children together (skip paragraphs 5 and 6) or
My spouse and I are the parents of the following child(ren):
Name
Name
Date of Birth
Date of Birth
Name
Name
Date of Birth
Date of Birth
Name
Name
Date of Birth
Date of Birth
4. I know of the following related cases concerning the child(ren) or parties (such as domestic violence,
paternity, divorce, custody, visitation, termination of parental rights, adoption or other cases):
Court
Case No.
Kind of Case
Year Filed
Results or Status (if known)
5. I have been a party, witness, or otherwise involved in the following cases about custody or visitation
of the child(ren):
State
Court
Case No.
Date of Child Custody Determination
Attach the most recent court order for the above-referenced court cases.
vs.
Page 2 of 3
6. I know of the following people, not parties to this case, who have physical custody of, or claim rights
of legal custody or physical custody of, or visitation with the child(ren):
Name
Current Address
Name
Name
Current Address
Current Address
7. The child(ren) are currently living with:
Name
Time Period
Place
Name(s)/Current Address of Person(s) with whom Child Lived
8. The child(ren) have lived in the following places, with the persons indicated during the last five years:
9. It is in the best interests of the child(ren) that I have (check all that apply):
joint sole physical custody of
visitation with
joint sole legal custody of
Name of Children
Name of Children
Name of Children
10. I am am not seeking alimony because
11. (You do not have to complete paragraph 11 if you are not asking the court to make decisions about
your property.) My spouse and/or I have the following property (check all that apply):
House(s)
Pensions
Furniture
Bank account(s) and investment(s)
12. My grounds for absolute divorce are: (check all that apply)
Two-Year Separation - From on or about , my spouse and I have lived separate
and apart from each other in separate residences, without interruptions, without sexual intercourse,
for more than two years and there is no reasonable expectation that we will reconcile.
CC-DR 20 (Rev. 5/2008)
Motor Vehicle(s)
Debts (attach list)Other
Adultery - My spouse committed adultery.
Month/Day/Year
Voluntary Separation - From on or about , my spouse and I by mutual and
voluntary agreement have lived separate and apart from one another in separate residences,
without interruption, without sexual intercourse, for more than 12 months with the express
purpose and intent of ending our marriage, and there is no reasonable expectation that we will
reconcile.
Month/Day/Year
Actual Desertion - On or about , my spouse, without just cause or reason,
abandoned and deserted me, with the intention of ending our marriage. This abandonment has
continued without interruption for more than 12 months and there is no reasonable expectation
that we will reconcile.
Month/Day/Year
(Check One)
(Check One)
(Check One)
Family Use Personal Property
I, , solemnly affirm under the penalties of perjury,
that the contents of this document are true to the best of my knowledge, information and belief.
DateSignature
Insanity - On or about , my spouse was confined to a mental institution,
hospital, or other similar institution and has been confined for 3 more years. Two doctors competent in
psychiatry will testify that the insanity is incurable and there is no hope of recovery. My spouse or I
have been a resident of Maryland for at least two years before the filing of this complaint.
Month/Day/Year
FOR THESE REASONS, I request (check all that apply):
An Absolute Divorce
Sole Joint physical custody of the minor child(ren).
Sole Joint legal custody of the minor child(ren).
Use and possession of the family home for up to three years from the date of the divorce.
Child support (Attach Form DOM REL 30 or DOM REL 31).
Health insurance for the child(ren).
Health insurance for me.
My share of the property or its value.
Use and possession of the family use personal property for up to three years from the date of the
divorce.
Alimony (Attach Form DOM. REL 31).
Any other appropriate relief.
Your Name
(Check One)
(Check One)
Page 3 of 3
CC-DR 20 (Rev. 5/2008)
Constructive Desertion - I left my spouse because his/her cruel and vicious conduct made the
continuation of our marriage impossible, if I were to preserve my health, safety, and self-respect. This
conduct was the final and deliberate act of my spouse and our separation has continued without
interruption for more than 12 months and there is no reasonable expectation that we will reconcile.
Criminal Conviction of a Felony or Misdemeanor - On or about , my
spouse was sentenced to serve at least three years or an indeterminate sentence in a penal institution
and has served 12 or more months of the sentence.
Cruelty/Excessively Vicious Conduct Against Me or my minor child - My spouse has persistently
treated me or my minor child cruelly and has engaged in excessively vicious conduct rendering
continuation of the marital relationship impossible if I am to preserve my health, safety, and
self-respect, and there is no reasonable expectation that we will reconcile.
Month/Day/Year
Visitation with the minor child(ren).
A change back to my former name:
Full Former Name
Transfer of family use personal property.
A monetary award (money) based on marital property.
x
x
Transfer of the real property jointly owned by the parties located at
Authorize to purchase from
an interest in real property located at
Page 1 of9DR 31 -17September2001
Circuit Court forCase No.
City or County
NameName
VS.
Street AddressApt. #Street Address
Apt. #
( ) ( )
CityState Zip Code AreaTelephoneCity State Zip CodeArea Telephone
CodeCode
PlaintiffDefendant
FINANCIAL STATEMENT OF
(Name)
(Long)
(DOM REL 31)
ChildrenAge
MONTHLY EXPENSES
ITEMSELFCHILDRENTOTAL
A. PRIMARY RESIDENCE
Mortgage
Insurance (homeowners)
Rent/Ground Rent
Taxes
Gas & Electric
Electric Only
Heat (Oil)
Telephone
Trash Removal
Water Bill
Login to HandyPDF
Tips: Editig or filling the file you need via PC is much more easier!
By logging in, you indicate that you have read and agree our Terms and Privacy Policy.