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How to Serve Divorce Papers in Maryland

by Melissa Schmitz
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As you enter the world of divorce, you will undoubtedly read or hear discussion about “service of process,” also known as serving divorce papers. This is an important term to understand, as it plays a pivotal role in your divorce.

What does it mean to serve divorce papers?

To “serve” divorce papers simply means to formally serve legal papers to a person involved in a divorce case. For example, if you are initiating a divorce in Maryland (the Plaintiff), you must have a formal Complaint for Divorce and Writ of Summons served upon your spouse (the Defendant).

By serving the Defendant, you fully inform them of your intentions so they are not at a legal disadvantage in any way. Note that even if your spouse knows of your intentions – perhaps you have already discussed the prospect of divorce with them – Maryland law requires you to have these legal papers formally served upon them.

What documents will you serve to your spouse?

Complaint for Absolute Divorce: As the Plaintiff, your first action is the file a Complaint for Absolute Divorce with the court. After you do, you must have a copy of the complaint served formally to your spouse, even if they have already seen it.

Writ of summons: After you file your complaint with the court, the clerk will send you a Writ of summons. This is also known simply as the “summons.” This document must be formally served upon your spouse as well.

Civil Domestic Case Information Report (CC-DCM-0001): This is an informational sheet that everyone who files for divorce must fill out. You must also have this sent to your spouse. 

Other paperwork: When you file for divorce in Maryland, you may be required to file other forms as well. In turn, copies of these forms should be served upon your spouse.

The forms you must fill out depend on your situation and may include the following:

If you are unsure whether you need to serve your spouse with the bulleted forms above, click here for more information.

Ways to serve divorce papers in Maryland

You cannot simply hand the papers to your spouse yourself, even if they already know that a divorce is pending. Instead, you must have them legally served by another adult. How can you do this? Here are your options:

  • Ask the court to have the Sheriff’s office in your spouse’s county serve the papers. (There is a fee for this.)
  • Hire a private professional process server to deliver the paperwork to your spouse.
  • Have another adult (not a professional server) deliver the paperwork to your spouse.
  • Have another adult send your spouse the paperwork via certified mail.

Important: Whomever you ask to serve the paperwork has an important task to do after they serve. They must fill out a court-approved Affidavit of Service and submit it to the court. This affidavit proves they did their part in getting the legal information to your spouse.

  • If your server sent the paperwork via certified mail, they should fill out and submit form CC-DR-056.
  • If your server delivered the paperwork by hand, they should fill out and submit form CC-DR-055.

How to serve divorce papers to a spouse living outside of Maryland

If your spouse lives outside of Maryland, you have some homework to do. Not only must you learn how to serve divorce papers in Maryland (which we’ve outlined above), but you must also learn how to serve divorce papers in your spouse’s state of residence.

You will need to choose a method of service that is valid in your spouse’s state as well as yours. For example, if service via a Sheriff is permissible in your spouse’s state, you can use that method. You might also hire a professional process server in your spouse’s state to serve the papers.

If you feel unsure about the best way to serve your spouse, you might decide to get a bit of legal coaching on the matter. If your divorce papers are served improperly, it could delay your divorce process and cost you more money in service fees.

Remember: The person who serves your spouse must submit an Affidavit of Service to the Maryland court where you filed. Make sure they have the correct form: either CC-DR-056 or CC-DR-055, depending on the circumstances.

How long do you have to serve Maryland divorce papers?

You have 60 days after the Writ of summons is executed to notify your spouse of your intentions via service. 

Remember that you must serve them with the Writ of summons, a copy of your Complaint for Divorce, and copies of all other paperwork you filed when you petitioned for divorce.

How much does it cost to serve divorce papers in Maryland?

The cost of service depends on who does the serving. 

  • If you hire a professional process server, they will tell you their rate. Expect that to be from $50 to $150.
  • If you hire a sheriff to deliver the paperwork, there will be a predetermined fee defined by the Sheriff’s office. This varies by jurisdiction.
  • If you send the paperwork via certified mail, know that there is a fee for this service that is higher than the cost of a simple postage stamp. As of January 2024, the cost to send a piece of certified mail was $4.40.

FAQ

What if my spouse tries to evade service?

Sometimes, this happens. A spouse knows a process server will be coming, so they do their best to avoid that interaction. They may be trying to delay the divorce, or they may simply be unready to accept the divorce. Regardless, it can be frustrating for the person trying to serve them divorce papers.

If you think your spouse will attempt to evade service, hiring a professional process server may be your best bet, as these professionals have methods of handling evasion. 

What happens after I serve my spouse?

After you serve your spouse, you will have to wait for a while so they have time to formally respond with a filing of their own. Maryland law establishes deadlines for this response so you know exactly how long you may have to wait.

If your spouse lives in Maryland, they have 30 days to respond by filing a counter-claim to your complaint. If they live in another state, they have 60 days to respond. If they live in another country, they have 90 days to respond.

If this seems overwhelming, know that you’re not alone. Our mission at Hello Divorce is to make the entire process kinder and less stressful for all people involved. For this reason, we offer online divorce plans (with varying degrees of professional assistance) as well as a menu of professional services, from legal advice to financial planning to divorce mediation.

We want to make this process easier for both of you. If you’d like to chat with us to learn more, schedule a free 15-minute call.

References

Instructions for Completing and Filing Divorce Forms. MDCourts.gov.

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