How to Respond to Divorce Papers in Maryland

You've been served with a Complaint for Absolute Divorce. The clock is now running on your response deadline — and missing it has real consequences. Here's what you need to know and do.

Your Response Deadlines

The deadline depends on where you were when the sheriff, process server, or certified mail reached you:

• Served in Maryland: 30 days to respond
• Served in another U.S. state or D.C.: 60 days to respond
• Served outside the United States: 90 days to respond

These deadlines are firm. The clock starts on the date you were actually served, not when you got around to reading the papers.

What Happens If You Don't Respond

If you let the deadline pass without filing anything, your spouse can request an Order of Default (Form CC-DR-054). Once the court enters a default:

1. You receive a notice from the clerk
2. You have exactly 30 days from the entry date (not when you received the notice) to file a Motion to Vacate the Default, explaining why you failed to respond and presenting a valid legal defense
3. If you don't vacate within 30 days, the court schedules a default hearing where your spouse testifies alone
4. The judge can finalize the divorce — including custody, property division, and support — without your input

A default doesn't mean automatic approval of everything your spouse asked for. Your spouse still must appear and prove their case. But you lose the ability to present your side or contest any issue.

Option 1: File an Answer (CC-DR-050)

An Answer is your formal response to your spouse's complaint. In it, you:

• Admit or deny each allegation in the complaint (residency claims, grounds, statements about property or children)
• State any defenses you have (improper service, wrong venue, failure to meet residency)
• Indicate whether you agree or disagree with the requested relief (property division, alimony, custody)

If you agree with everything and just want the divorce finalized on agreed terms, your Answer can simply admit all allegations and state you don't object. This makes the case uncontested and moves it toward a quick hearing.

Option 2: File a Counter-Claim (CC-DR-094)

A Counter-Claim is your own divorce filing attached to your Answer. Use it when you:

• Want to establish different grounds than what your spouse chose
• Want to request relief your spouse didn't ask for (e.g., they didn't request alimony but you want to)
• Disagree with their characterization of property or custody arrangements

When you file a Counter-Claim, your spouse then has 30 days to file an Answer to it. This ensures both sides have their requests formally before the court.

Option 3: File an Answer with Affirmative Defenses

If you believe the case should be dismissed entirely, your Answer can raise affirmative defenses:

• The court lacks jurisdiction (residency requirements not met)
• Improper venue (wrong county)
• Defective service of process (served by the plaintiff themselves, or not properly served at all)
• The plaintiff's grounds are factually false

Affirmative defenses shift the burden back to your spouse to prove their claims are valid.

How to File Your Response

1. Complete Form CC-DR-050 (Answer) and/or CC-DR-094 (Counter-Claim)
2. File with the Clerk of the Circuit Court in the same county where the case was filed (this information is on the Writ of Summons you received)
3. Pay the filing fee (approximately $165 for a Counter-Claim; an Answer alone may have a smaller fee)
4. Serve a copy of your response on your spouse or their attorney

What Comes After Your Response

If your Answer makes the case uncontested (you agree to everything), the process moves quickly toward a hearing — typically 2-4 months.

If your Answer makes the case contested (you dispute any issue), expect:

• A scheduling conference within 8-16 weeks
• Formal discovery (document exchanges, possibly depositions)
• Court-ordered mediation for custody disputes
• Eventually, a trial on contested issues (12-24 months total)

Don't Let the Deadline Pass

Whether you agree or disagree with the divorce, file something within your window. Even if you ultimately want the same outcome your spouse is seeking, an Answer preserves your right to participate in how property is divided, custody is structured, and support is calculated.

The Maryland Divorce Filing Process Guide covers both filing and responding — including step-by-step instructions for Answer forms, Counter-Claims, and the post-response procedural pathway.

See more Maryland guides →