How to Answer a Complaint for Absolute Divorce in Maryland

To answer a complaint for absolute divorce in Maryland, you file Form CC-DR-050 with the circuit court where your spouse filed the case, respond paragraph by paragraph to the allegations, and deliver a copy to your spouse or their attorney. If you were served inside Maryland, you have 30 days from the day after service to get it done. Filing on time keeps you in the case; missing the deadline lets your spouse ask the court to decide custody, support, and property without you.

How Long You Have To File

Maryland Rule 2-321 sets three deadlines based on where you were served. Served in Maryland: 30 days. Served in another U.S. state: 60 days. Served outside the country: 90 days.1New York Codes, Rules and Regulations. Maryland Rules Rule 2-321 – Time for Filing Answer

The clock starts the day after you are served. Under Maryland Rule 1-203, the service day itself does not count, but every calendar day after does, weekends and holidays included. If the last day falls on a Saturday, Sunday, legal holiday, or a day the clerk’s office is closed, the deadline moves to the next business day.2New York Codes, Rules and Regulations. Maryland Rules Rule 1-203 – Computation of Time

If you can see you will not make the deadline, talk to an attorney right away. An imperfect answer filed on time is far better than a thorough one filed late.

Filling Out Form CC-DR-050

Your answer goes on Judiciary Form CC-DR-050, titled “Answer to Complaint/Petition/Motion.”3Maryland Courts. Answer to Complaint, Petition, or Motion You can download it from the Maryland Courts family forms page or pick up a paper copy at the circuit court clerk’s office.4Maryland Courts. Family Law Court Forms

The Caption

Copy the caption exactly from the complaint your spouse filed: the county or city, both parties’ full names, and the case number. A wrong case number can get your filing rejected or dropped into the wrong file.

Responding Paragraph by Paragraph

The complaint’s allegations are numbered. For each numbered paragraph, you check one of four boxes on the answer form:5Maryland Courts. Answer to Complaint/Petition/Motion Instructions for Completing Form CC-DR-050

  • Admit, if the statement is true.
  • Deny, if you dispute the whole statement.
  • Deny with partial admission, if part of it is true; you write in the part you agree with.
  • Insufficient knowledge, if you have no personal knowledge one way or the other.

If your spouse’s complaint has fewer numbered paragraphs than the form allows, check “There is no Paragraph No. ___” for each unused number. The form goes up to 15 paragraphs.3Maryland Courts. Answer to Complaint, Petition, or Motion

Reflexively denying everything is a common and costly mistake. Denying easily verified facts, like your wedding date or your address, hurts your credibility with the judge. Admit what is true, deny what is genuinely in dispute, and use partial admission when a paragraph blends accurate facts with claims you disagree with.

Relief You Oppose

The form has a section for stating which parts of the relief your spouse asked for you do not want the court to grant. If they asked for sole custody, a specific alimony figure, or a particular property split, note here what you oppose.

Affidavit and Certificate of Service

You sign the answer under penalties of perjury.3Maryland Courts. Answer to Complaint, Petition, or Motion The final block is a Certificate of Service showing when and how you sent a copy to your spouse or their attorney. Without it, the court will not process the filing.

Whether To File a Counter-Complaint

An answer only responds to what your spouse asked for. If you want the court to grant something they did not request, such as alimony, a specific custody arrangement, or a particular property division, file a counter-complaint for absolute divorce on Form CC-DR-094.6Maryland Courts. What Happens After Someone Files for Divorce You can file it together with your answer under the same case number.

Maryland currently recognizes three grounds for absolute divorce: six-month separation, irreconcilable differences, and mutual consent.7Maryland General Assembly. Maryland Family Law Code 7-103 Fault-based grounds were eliminated effective October 1, 2023, and the statute states that recrimination is not a bar to divorce. If you were planning to plead fault as a defense, that path is closed.

Financial Statement Required in Most Cases

If the case involves child support, alimony, or property division, Maryland Rule 9-203 requires you to file a financial statement with your answer.8New York Codes, Rules and Regulations. Maryland Rules Rule 9-203 – Financial Statements Which form you use depends on what is at stake.

Form CC-DR-030, the child support guidelines financial statement, applies when guideline child support is the only financial issue, neither side wants an amount outside the guidelines, and combined monthly income is $30,000 or less.4Maryland Courts. Family Law Court Forms

Form CC-DR-031, the general financial statement, covers everything else, including alimony, property division, and combined monthly income above $30,000. It requires a detailed breakdown of monthly expenses across housing, food, medical, transportation, and other categories.9Maryland Courts. Financial Statement (General)

Pull recent pay stubs, tax returns, bank statements, and recurring bills before you start. Both forms want average monthly figures, so divide annual amounts by 12 when an expense varies. You sign under oath, and inaccurate numbers can lead to sanctions or a property division built on the wrong facts.

Filing and Serving Your Answer

Maryland finished rolling out the Maryland Electronic Courts (MDEC) system statewide in May 2024. Attorneys must e-file through MDEC.10Maryland Courts. MDEC If you are self-represented, e-filing is optional and you can still bring paper documents to the clerk’s office. Be aware that once you register and e-file even once, you are required to e-file every document afterward in that case and in any future case.11Maryland Courts. E-filing for Self-Represented Litigants

Filing an answer generally does not carry a separate court fee. A counter-complaint may. If you cannot afford court costs, Maryland Rule 1-325 lets you request a waiver by submitting an affidavit about your finances; the court measures the request against Maryland Legal Services Corporation guidelines.12New York Codes, Rules and Regulations. Maryland Rules Rule 1-325 – Waiver of Costs

After the clerk accepts your filing, you must deliver a copy to your spouse or their attorney. Maryland Rule 1-321 allows service by mail to the address most recently listed in any pleading or paper they filed, or by hand delivery.13New York Codes, Rules and Regulations. Maryland Rules Rule 1-321 – Service of Pleadings and Papers Other Than Original Pleadings Service by mail is complete on the day you mail it. The Certificate of Service on your form is the court’s record that you did this.

What Happens if You Miss the Deadline

If your answer is not on file when the deadline passes, your spouse can file a Request for Order of Default on Form CC-DR-054.4Maryland Courts. Family Law Court Forms Once the court enters the default, the clerk mails you notice at your last known address, and you have 30 days to file a motion to vacate.

To get the default set aside, the motion has to explain why you did not file on time and lay out the factual and legal basis for your defense. Courts vacate default only when they find a real, substantive defense and that letting you back in is fair. Vague excuses rarely succeed. Miss the 30-day window and the court can enter a final default judgment resolving custody, property, and support without you.14Maryland Courts. Divorce

If your deadline is tomorrow and you are not ready, file an answer anyway. Checking “insufficient knowledge” on paragraphs you have not fully researched is a valid response and keeps you in the case.

What Comes Next

After your answer is filed and served, the court schedules a scheduling conference. The judge sets a trial date, discovery deadlines, and any referral to mediation or a settlement program.15Maryland Courts. Family Law Scheduling Conference

If custody or visitation is at issue, the court may order you to attend a parenting education seminar. Format varies by county, from in-person classes to online courses.16Maryland Courts. Family Services Part 5 – Parenting Education Bring your calendar and, if property or support is disputed, be ready to talk through what financial records will need to be exchanged in discovery.