How to Serve Divorce Papers in Maryland

After you file your complaint with the Circuit Court clerk, the court issues a Writ of Summons. Now you have 60 days to get those papers officially delivered to your spouse — and you cannot do it yourself. This step trips up more pro se filers than any other part of the process.

The Golden Rule: You Cannot Serve the Papers Yourself

Maryland law prohibits the plaintiff from personally delivering divorce papers to the defendant. Service must be completed by a third party who is at least 18 years old and not a party to the case. Violating this rule makes the service invalid, meaning the court won't recognize it — and your case stalls until you re-serve properly.

Three Valid Methods of Service

1. Sheriff's Service (Recommended for Most Cases)

The county sheriff's department will hand-deliver the papers directly to your spouse for approximately $40. This is the most reliable option because:

• The sheriff knows how to locate people at home addresses
• They file proof of service directly with the court
• The court trusts sheriff returns without additional documentation

Request sheriff service at the clerk's office when you file your complaint. Provide your spouse's home address (and work address if known).

2. Private Process Server or Competent Adult

Any non-party adult (18+) can serve the papers by either:

• Handing them directly to your spouse, or
• Leaving them at your spouse's home with a co-resident who is at least 18 and of "suitable age and discretion"

After service, the server must complete and file an Affidavit of Service — Private Process (Form CC-DR-055) with the court. This sworn statement includes the date, time, location, and description of the person served.

Professional process servers typically charge $50-$150 and have experience dealing with evasive defendants.

3. Certified Mail (Restricted Delivery)

A non-party adult can mail the documents via USPS Certified Mail with Restricted Delivery and "Return Receipt Requested." Under this method:

• Only the defendant can sign for the delivery (that's what "restricted delivery" means)
• The defendant must personally sign the green return receipt card
• Once signed, file an Affidavit of Service — Certified Mail (Form CC-DR-056) with the original signed green card attached

The risk: if your spouse refuses to sign, the mail comes back undelivered, and you've lost time. You'd need to try another method.

The 60-Day Deadline

You have 60 days from the date printed on the Writ of Summons to complete service. If you miss this window, you must request a new summons from the clerk and start the service clock over.

Don't wait until day 55 to begin service attempts. Start immediately after filing.

What If Your Spouse Avoids Service?

If your spouse can't be found or is actively dodging the sheriff, you have options — but they require court approval.

Step 1: Document your search efforts. Keep a detailed log of every attempt: dates the sheriff tried, addresses checked, calls to known contacts, employer checks, public records searches.

Step 2: File a Motion for Alternate Service (Form DOM REL 70). Include a sworn affidavit describing all your search efforts and explaining why standard service has failed.

Step 3: The court authorizes alternate service. If the judge grants your motion, they'll issue a Notice of Alternate Service (Form CC-DR-072) authorizing one of two methods:

• Service by posting — the sheriff posts the notice on the courthouse bulletin board for 21 days. Typically free if you have a fee waiver.
• Service by publication — the notice is published in a local newspaper once per week for three consecutive weeks. You pay the newspaper directly ($100-$250+).

Service by publication is a last resort. The defendant is unlikely to actually see it, but it satisfies the legal requirement for due process.

Proof of Service Matters

Without proper proof filed with the court, service didn't happen as far as the judge is concerned. Make sure:

• Sheriff's returns are filed (the sheriff handles this)
• CC-DR-055 is filed for private hand service
• CC-DR-056 plus the original green card is filed for certified mail
• All documents are filed with the clerk before you request a hearing

Track Service and Stay on Deadline

The Maryland Divorce Filing Process Guide includes a service of process tracking log, method comparison chart, and step-by-step instructions for filing alternate service motions — so you don't miss the 60-day window or waste money on invalid attempts.

See more Maryland guides →