GENERAL INSTRUCTIONS

• You MUST file a Civil-Domestic Case Information Report in addition to the Dom.Rel.Forms. This form helps the court determine how to schedule your case. Check each box that you think applies to your case and how you think the case should be scheduled.
  

  
  

• File the completed forms with the Clerk of Court. You should make at least 2 copies of your papers when you are filing your case: the original for the court, one for the other side, and one for yourself.

• All papers you file with the court must also be served on the other side.

• IF YOU ARE FILING A COMPLAINT, PETITION, OR MOTION

If you are filing a Complaint, Petition, or Motion, you have some choices:

• A divorce case MUST be filed in the county where you live or where the other side lives or works.

• A case about custody, visitation, child support or contempt usually should be filed in the jurisdiction where a divorce has been filed or granted, but can sometimes be filed where the child or either parent lives.

If there is an earlier case filed between you and the other side in one county, you may be required to file your current case/request in that county. However, there are circumstances that may allow a change of filing location. This is a situation that probably requires a lawyer's assistance.

 

• IF YOU ARE FILING AN ANSWER

If you are filing an Answer, you must file in the county where the Complaint, Petition, or Motion was filed. If you think the other side filed in the wrong county, you can ask the court to move the case to the appropriate county. This is a situation that requires a lawyer’s assistance.

• HOW MUCH WILL THIS COST?

The following fees must be paid at the time of filing in order for your case to be processed:

Original Complaints or Petitions to Modify Orders entered in another County: $105

Contempt Petitions: $25

Petitions to Modify a Montgomery County Order: $25 each

The Court may decide that you don't have to pay these fees, in some cases, because you can't afford to pay or because of hardship. You may not have to pay other costs and fees depending upon the financial circumstances of the parties. To apply for a WAIVER OF PREPAYMENT OF FILING FEES, file Dom. Rel. Form 32 at the time you file your papers.

 

• WHAT IS SERVICE?

Service is making certain the other side receives a copy of the papers you are filing. Service must

be accomplished on the other side as described below or your case cannot go forward.

 

• HOW DO I SERVE SOMEONE?
  
  
  • IF YOU ARE SERVING A COMPLAINT, PETITION OR MOTION:

The Court will issue a Writ of Summons; you must make sure that the Writ of Summons is attached to a copy of the complaint, petition, or motion. These papers must be served on the other side along with any other forms you have filed, such as a Domestic Case Information Report or a Financial Statement.  Choose a method of service. Service can be made one of several ways:

• by sheriff, or
  
• by private process, or
  
• by certified mail using a friend or relative or other adult.

YOU CANNOT SERVE THE OTHER SIDE YOURSELF. Whichever method you choose, proof that the other side was served must be filed with the court. A person can be served at home, at work, or anywhere else the person happens to be.

•  SERVICE BY SHERIFF:

You can have the sheriff serve the other side. The sheriff will charge a fee. Ask the

Clerk of Court the amount of the fee. You will take your papers to the Sheriff’s Office on the "T" level of the Judicial Center. You will need to check with the clerk to see if the other side has been served. The sheriff will send the clerk a "return of service" to prove the sheriff served the papers-

• SERVICE BY PRIVATE PROCESS:

There are two ways to serve someone by private process: (1) by a private process serving company for a fee or (2) by an adult over the age of 18. You CANNOT serve the papers yourself.

• PRIVATE PROCESS SERVING COMPANIES:

This method is often fast and is also good if the other side is hard to locate. Ask the Clerk of Court to give you back the Writ of Summons and the other papers to be served. Give the process server the Affidavit of Service (Dom.Rel. 55) and the papers to be served. Ask the process server to return the completed Affidavit of Service to you once the other side is served. File the completed Affidavit with a copy of the Writ of Summons attached with the Clerk of Court.

• PRIVATE PROCESS SERVICE USING AN ADULT OVER THE AGE OF 18:

This is an inexpensive way to serve someone. THE PRIVATE PROCESS SERVER CANNOT BE YOU. The adult serving the papers must give the papers directly to the other side. Have the person who served the other side fill out an Affidavit of Service (Dom. Rel. 55) completely. Then file the Affidavit, with a copy of the Writ of Summons attached, with the Clerk of Court to prove the other side was served.

• SERVICE BY CERTIFIED MAIL (restricted delivery and return receipt requested)

This is a good method of service if the other side lives far from you. It does require that the other side accept the papers and personally sign the post office receipt card (green card).

Take the papers to the Post Office and follow the instructions for mailing by certified mail. Fill out an Affidavit (Dom.Rel.56). If the other side receives the papers, the receipt (green card) will be returned to you with the other side's signature. Attach the original receipt (green card) and a copy of the Writ of Summons to the completed Affidavit, and file the Affidavit with the Clerk of Court as proof that the other side received the papers.

If the receipt (green card) is returned with the wrong signature or if the entire envelope comes back undelivered, you will have to make another attempt at service or see an attorney.

 

•  WHAT HAPPENS IF SERVICE IS NOT MADE?

There may have to be several attempts to serve the other side by using different methods. A Writ of Summons is only good for 60 days. You will have to ask the Clerk of Court in writing to issue a new Writ of Summons if the other side has not been served within 60 days. If several attempts to serve the other side have been unsuccessful you will probably need an attorney.

 

• WHAT HAPPENS IF SERVICE IS MADE?

If your spouse is served:	Your spouse should answer within:
in Maryland	30 days after service
in another state	60 days after service
outside the United States	90 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.

 

• IF YOU ARE SERVING AN ANSWER:

You MUST mail a copy of the answer and a copy of everything you are filing to the other side. Fill in the certificate of service at the bottom of the Answer. Do not forget to file your answer with the Clerk of Court. If you are serving a counterclaim with your answer, you may serve the counterclaim (including all other DOM. REL. forms you have attached to the counterclaim) by mailing copies of everything to the other side regular first class mail, postage prepaid. Fill in the Certificate of Service at the bottom of the counterclaim. Do not forget to file the counterclaim and all of the forms attached to the counterclaim with the Clerk of Court.

• HOW DO I GET A HEARING DATE?

A hearing date is automatically scheduled in Montgomery County if you file an Affidavit of Service or the Sheriff files a Return of Service, or the other party files their Answer. To be sure that you get all notices and papers in your case, it is required that the Clerk of Court and the other side always have your current address. Notify the Clerk of Court and the other side immediately in writing if you move. If the other side has not answered, you can request an Order of Default by filing DOM. REL. 54.

• WHAT HAPPENS IN COURT?

On the day your case is scheduled, make sure you are there early and check with the television monitor on the second floor of the Judicial Center building for the location of the courtroom or hearing room where your case is assigned. Upon arrival at the courtroom or hearing room, you should check in with the personnel there. If you are not in the courtroom or hearing room when your case is called, your case could be thrown out or the court could rule in favor of the other side. If you have to miss your court date because of an emergency, call the Family Division Masters department (301-217-7142) BEFORE you are scheduled to be in court.

You may be able to have the court look at documents or other evidence, such as pay stubs or pictures. Have your documents or other evidence with you that day; have them in order; and have extra copies for the court and the other side. If divorce is an issue before the Court or Family Division Master at the hearing, you must also have at least one witness, other than yourself, to corroborate your grounds for divorce. The other side will also have a chance to tell their story and can present the same kinds of evidence. Both sides will have a chance to cross-examine the other side and the other side's witnesses.

It is important to remember that a master's recommendation is not a court order. A court order must be prepared restating the master's recommendation and signed by a judge to be enforceable.

• SOME COMMON ERRORS

ERROR Papers are mailed certified mail and someone other than the responding party signs for them.

In order to be valid, service by certified mail must be restricted delivery-that is-only the

responding party can sign for the papers.

 

ERROR The party requesting relief fails to serve the summons on the other side.

The summons must be served along with copies of all papers filed (exception-contempt cases in which the show cause order must be served).

ERROR The party requesting relief fails to attach the summons to the affidavit of service when filing it with the court.

A copy of the summons served on the other side must be attached to an affidavit of service and returned to the court in order for service to be complete.

ERROR The responding party writes a letter to the judge that does not include a certificate of mailing. A letter without a "certificate of mailing" will not be accepted as an Answer in Montgomery County.

It is recommended that the responding party use the "Answer" form (Dom. Rel. Form 50).

ERROR The responding party does not specifically admit or deny individual allegations in the complaint/petition/motion.

The Answer filed must contain a specific response admitting or denying each individual allegation

ERROR The responding party does not sign the Answer form in both places.

The responding party must sign both the Answer form and the Certificate of Service (which certifies that a copy of the Answer was mailed to the opposing party).

ERROR The party requests a divorce, appears for the hearing without a corroborating witness or the corroborating witness' testimony is insufficient or inadequate.

You will need a corroborative witness (even if you and your spouse signed a separation

agreement under oath) who can testify for you and confirm the statements and allegations in your divorce complaint.

• WHAT IF I STILL HAVE QUESTIONS AFTER READING THESE INSTRUCTIONS?

IF YOUR CASE IS NOT HANDLED PROPERLY, YOU CAN LOSE TIME AND MONEY, AND POSSIBLY, IMPORTANT LEGAL RIGHTS.

If you have questions about processing the forms or are unsure about whether it is wise to handle your case without a lawyer, contact an attorney, call the Legal Forms Helpline at 1 (800) 818-9888, or visit the walk in "Pro Se Project". The Pro Se Project is located in the Judicial Center on the second floor at 50 Maryland Avenue, Rockville, Maryland, 20850 and operates Monday through Friday (except Court holidays) from 8:30 a.m. to 4:30 p.m. The Pro Se Project and the Legal Forms Helpline provide services free of charge.

 

• DICTIONARY

Absolute Divorce: the final ending of the marriage. Both parties are legally free to remarry. See Annotated Family Law Article, Section 7-103. See also Limited Divorce.

Affidavit: a written statement made under oath.

Annulment: a court's decision that a marriage is void; it never legally existed. It is available only under certain legal circumstances.

Child Support Guidelines: Maryland has child support guidelines that must be followed in awarding child support. The guidelines are a formula. There is a worksheet which each side must fill out. The court will review the figures on the worksheet and apply the guidelines. There are only a few circumstances when the court can award child support higher or lower than the guidelines. See Annotated Family Law Article, Sections 12-201 through 12-204.

Complaint: a legal paper that starts a case.

Contempt: failure to follow a court order. One side can request that the court determine that the other side is in contempt and punish him or her.

Corroborative Witness: a person who testifies for you and says that your testimony is correct. If you are asking the court to grant a divorce, you must bring to the hearing a witness who can say that your grounds for divorce are true.

Custody-Sole & Joint, Physical & Legal: refers to the legal arrangements relating to the parent(s) with whom the child will live (physical custody) and how decisions about the child will be made (legal custody). The parent with whom the child does not live will generally be allowed to have regular visits with the child. Parents can make any custodial arrangement that is in the best interest of their children. The "best interest of the child" is the legal standard in determining custody.

Default: a party's failure to answer a complaint, motion or petition.

Defendant: the person the case is brought against.

Discovery: a way for getting information from the other side or other people. Examples of discovery are interrogatories (written questions) and depositions (questions which are usually in person and recorded).

Dissolution: the legal end of a marriage.

Evidence: testimony of witnesses and documents that are presented to the court and considered by the court in making a decision.

Grounds for Divorce: the legal basis for a divorce. The law sets out specific reasons for a divorce which have to be proven before the court can grant a divorce.

Filing: giving the Clerk of Court your legal papers.

Judgment: a court's decision.

Jurisdiction: the authority of the court to hear a case.

Limited Divorce: establishes certain legal responsibilities while the parties are separated, but does not end the marriage. See Annotated Code of Maryland Family Law Article, Section 8-201(e) for definition and sections 8-203 through 8-205 for how the court treats marital property.

Marital Property: includes ALL property acquired during the marriage, even if it is not titled in both names, with some exceptions. See Annotated Code, Family Law Article, Section 8-201(e) for definition and Sections 8-203 through 8-205 for how the court treats marital property.

Master: hears cases like a judge. Master's recommendations are reviewed by a judge. However, a court order must be prepared restating the master's recommendations and signed by a judge to be valid.

Motion: a request to the court.

Pendente lite: temporary arrangements for custody, child support, child visitation, alimony, use and possession of the family home, etc., until a final hearing.

Petition: a legal paper that starts a case.

Plaintiff: the person who started the case.

Pro se/Proper person: representing yourself in court without an attorney.

Reconciliation: married people getting back together.

Service: providing a copy of the papers being filed to the other side.

Spouse: husband or wife.

Subpoena: a form issued by the court requiring someone to appear in court and/or bring documents.

Uncontested Divorce: when the defendant is not going to try to stop the divorce there are no issues for the court to decide about children, money or property.

Use and Possession: the right of the parent who has physical custody of the minor child of the marriage to remain in the family home for up to three years from the date of the divorce, under certain circumstances. See Annotated Code of Maryland, Family Law Article, Sections 8-206 through 8-211

Venue: the jurisdiction where the case should be heard.

Writ of Summons: a form issued by the court directing a party to respond to a complaint, motion or petition.

These instructions were reviewed by the Family Court Division Support Services Subcommittee of the Circuit Court for Montgomery County and are applicable until further notice.

Pro Se Project

Courthouse Map & Parking | Jury Service | Court Forms |  Marriage Licenses | Family Division Services | Divorce | Domestic Violence | Landlord & Tenant | Small Claims | Traffic Citations | Transcripts | Case Load Statistics | Press Releases | Passports | Fee Schedule | Law Library | Related Sites | Holidays & Hours | Career Opportunities | Court Services | Phone Directory | Glossary | Site Search
Judicial Home |  Montgomery County Home Page