Complaint For Limited Divorce

COMPLAINT FOR LIMITED DIVORCE INSTRUCTIONS FOR COMPLETING DOM REL 21 If you do not want the court to grant you a complete dissolution (ending) of a marriage or if you do not have grounds for an absolute divorce, but you have issues you want the court to settle, then you can ask for a limited divorce. There are two ways you can do this: (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 LIMITED DIVORCE, you cannot remarry unless you later get an absolute divorce. You do not need to get a limited divorce in order to get an absolute divorce later on. YOU MAY NEED AN ATTORNEY IF: ! the case is contested and your spouse has a lawyer. ! 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. 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 9 steps you must follow in order to file the case yourself: > STEP 1 — Completion of Form DOM REL 21. 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. Do not fill in where it says “Case No.” 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. Line 3: If you check off, “We have no children together...,” remember to skip lines 5 Page 1 of 5 CC-DRIN 21 ( Rev 03/2008) American LegalNet, Inc. www.FormsWorkflow.com 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 have 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, place 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: Circle 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 limited divorce that applies and fill in the blanks. (The list begins on Page 2 of the form and continues on Page 3). Choosing a certain ground or grounds will not necessarily result in a limited divorce being granted. ! Cruelty/Excessively Vicious Conduct Against Me - If your spouse has endangered your safety or health more than once, 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. ! Cruelty/Excessively Vicious Conduct Against My Children - This ground is the Page 2 of 5 CC-DRIN 21 ( Rev 03/2008) American LegalNet, Inc. www.FormsWorkflow.com same as the above ground except that your spouse is being cruel to your child(ren) instead of you. ! Actual Desertion - If your spouse has left you with the intention of ending the marriage and you and your spouse have not had sexual intercourse with each other since that time, you may check this ground. ! Constructive Desertion - If your spouse’s actions have terminated the husband and wife relationship and made it impossible for you to continue the marriage and preserve your health, safety, and self-respect, and you have not had sexual relations with your spouse since the alleged actions, you may check this ground. . ! Voluntary Separation - You and your spouse have agreed to separate with the intention of ending your marriage. You and your spouse live in separate homes and have not had sexual intercourse with each other. There is no reasonable hope of your getting back together. If all of these statements are true, then you may check this ground. Page 3: Under the section that begins “FOR THESE REASONS. . . “, check off everything you want. The court will not necessarily give you what you asked for. Complete the affirmation at the bottom of the page, 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 alimony or have children, but no child support order. > 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. Page 3 of 5 CC-DRIN 21 ( Rev 03/2008) American LegalNet, Inc. www.FormsWorkflow.com 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 Maryland in another state in another country 30 days after service 60 days after service 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. > 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. > STEP 8 — 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 9 — Hearing. At the hearing for Limited Divorce, you will need a corroborative witness. This is a person who testifies for you and backs up your story. 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: A commonly used uncontested ground is: 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 are separated; ! there is no reasonable hope of your getting back together; Page 4 of 5 CC-DRIN 21 ( Rev 03/2008) American LegalNet, Inc. www.FormsWorkflow.com ! 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, 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 5 of 5 CC-DRIN 21 ( Rev 03/2008) American LegalNet, Inc. www.FormsWorkflow.com Circuit Court for Case No. City or County Name Name VS. Street Address Apt. # ( City State Zip Code Street Address Apt. # ) ( Area Code Phone City State Plaintiff Zip Code ) Area Code Phone Defendant COMPLAINT FOR LIMITED DIVORCE (DOM REL 21) I, , representing myself, state that: My name 1. The Defendant and I were married on Month in 2. Day Year in a civil/religious ceremony. City/County/State where Married (Circle One) Check all that apply: ” I have lived in Maryland since: Month/Year ” My spouse has lived in Maryland since: ” The grounds for divorce occurred in the State of Maryland. 3. Month/Year 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 Date of Birth Date of Birth Name Date of Birth Name other Name Name 4. Date of Birth Date of Birth Name Date of Birth 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 cases): Court Case No. Kind of Case Page 1 of 4 Year Filed Results or Status (if you know) DR21 - Revised 31 March 2008 American LegalNet, Inc. www.FormsWorkflow.com 5. I have been a party, witness, or otherwise involved in the following cases about custody or visitation of the child(ren): State 6. Court Case No. Date of Child Custody Determination Attach the most recent court order for the above-referenced court cases. 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 Name Current Address Name 7. Current Address Current Address The child(ren) are currently living with Name 8. The child(ren) have lived in the following places, with the persons indicated during the last five years: Time Period 9. Place Lived Name(s)/Current Address of Person(s) with whom Child It is in the best interests of the child(ren) that I have (check all that apply): ” joint / sole (circle one) physical custody of . Name of Children ” joint / sole (circle one) legal custody of . Name of Children ” visitation with . Name of Children 10. I am / am not (circle one) 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) ” ” 12. ” ” ” Motor Vehicle(s) Furniture Bank account(s) and investment(s) Family Use Personal Property Other: My grounds for limited divorce are: (Check all that apply) Page 2 of 4 DR21 - Revised 31 March 2008 American LegalNet, Inc. www.FormsWorkflow.com ” Cruelty/Excessively Vicious Conduct Against Me - My spouse has persistently treated me 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. ” Cruelty/ Excessively Vicious Conduct Against My Children - My spouse has persistently treated my minor child(ren) cruelly and has engaged in excessively vicious conduct against them rendering continuation of the marital relationship impossible if I am to preserve my minor child(ren)’s health, safety, and self-respect. ” Actual Desertion - On or about , my spouse, without just cause or reason, Month/Day/Year abandoned and deserted me, with the intention of ending our marriage. This abandonment has continued without interruption up to and including the time of filing of this complaint. ” 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 up to and including the time of the filing of this complaint. ” Voluntary Separation - From on or about , my spouse and I by mutual Month/Day/Year and voluntary agreement have lived separate and apart from one another in separate residences, without interruption, without sexual intercourse, with the express purpose and intent of ending our marriage, and there is no reasonable expectation that we will reconcile. FOR THESE REASONS, I request (check all that apply): :A Limited Divorce. ” Sole/jointCircle One custody of the minor child(ren). physical ” Sole/joint legal custody of the minor child(ren). Circle One ” Visitation with the minor child(ren). ” Child support (attach Form DOM REL 30 or DOM REL 31). ” Health insurance for the child(ren). ” Health insurance for me. ” Use & possession of the family home for up to three years from the date of the limited divorce. ” Use & possession of the family use personal property for up to three years from the date of the limited divorce. ” Transfer of family use personal property. ” Alimony (attach Form Dom.Rel.31). ” Resolution of personal property issues. : Any other appropriate relief. Page 3 of 4 DR21 - Revised 31 March 2008 American LegalNet, Inc. www.FormsWorkflow.com I, solemnly affirm under the penalties of Your Name perjury, that the contents of this document are true to the best of my knowledge, information and belief. Date Signature Page 4 of 4 DR21 - Revised 31 March 2008 American LegalNet, Inc. www.FormsWorkflow.com