I want to start my divorce case.  How do I file for divorce?

FILE with the Family Court Central Intake Center:

1.  YOUR COMPLAINT FOR DIVORCE.  Click   here for a Complaint for Divorce that you can fill out online.  You will still need to file it with the court.

• You must sign the complaint.
• Notarization is preferred but not required.

2.  VITAL RECORDS FORM and FAMILY COURT CROSS-REFERENCE FORM.

3.  $80 FILING FEE.

If you cannot afford the filing fee, you can file for a fee waiver, called an in forma pauperis motion (IFP).  Read the section on Filing for a Fee Waiver to find out how to apply for a fee waiver.

You can get all the necessary forms at the Family Court Central Intake Center.

• The clerk will stamp your complaint as received and create a court file called a jacket.
• Make sure that you get a copy of the complaint from the clerk.
• Ask the clerk to date-stamp your copy.
• Your case gets an identification number called a docket number or case number.  The docket number will look like this:  07 DRB 1246 or DRB 1246-07.  In the future, put this number on all papers you file with the court.

• The clerk will give you a form called a SUMMONS.
• You fill out the Summons.
• The clerk will process the Summons and give you a copy.

• You must have a copy of the Summons and the Complaint properly served on your spouse.  You are responsible for doing this, not the court.
• Read the sections on Serving the Divorce Papers on Your Spouse and, if it applies to you, Serving Divorce Papers If You Can't Locate Your Spouse to find out how to properly serve your spouse with the divorce papers.
• After you have served your spouse with the divorce papers, you will need to file a document called a proof of service with the court.  To learn how to do this, read the section on Filing Proof of Service in a Divorce Case.
• Your case will not be scheduled for a hearing until you have properly served your spouse with the divorce papers and filed proof of service with the court.

• If you and your spouse agree and you both sign the necessary court papers, you may be able to skip some of these steps and get your divorce more quickly.  In particular, you may be able to skip the requirement that the divorce papers (the Summons and Complaint) be served on your spouse.  
• Read the section on Getting an Uncontested Divorce to see whether you can use the uncontested divorce procedure.