Note: This is an example of a complaint for absolute divorce, custody, support, marital property including monetary award.

______, / * / IN THE
Plaintiff / * / CIRCUIT COURT FOR
vs. / * / ______county
______, / *
Defendant / * / CASE NO: ______
* * * * * / * / * * * * *

COMPLAINT FOR ABSOLUTE DIVORCE

TO THE HONORABLE, THE JUDGE OF SAID COURT:

[Plaintiff’s name], Plaintiff, by and through her attorneys, [attorney’s name] and [attorney’s firm], respectfully represents to this Honorable Court:

1.  The parties were married on [date], in a [religious or civil] ceremony in [county], Maryland.

2.  The Plaintiff is an adult resident of [county] County, Maryland, and has been for more than one year prior to the filing of this Complaint for Absolute Divorce.

3.  The Defendant is an adult resident of [county] County, Maryland, and has been for more than one year prior to the filing of the Complaint for Absolute Divorce.

4.  One child [or # children] was born as a result of said marriege, namely, [child’s name] (the “minor child”), born on [child’s date of birth].

5.  On or about [date of separation], the Plaintiff and the Defendant did mutually and voluntarily agree to live separate and apart from one another in separate abodes with the purpose and intent of ending their marriage said voluntary agreement was the deliberate and final act of both parties. [If separation not voluntary, “… the Plaintiff and Defendant separated.”]

  1. Since the aforesaid date the parties have lived separate and apart, without interruption and without cohabitation, for more than twelve months prior to the filing of this Complaint for Absolute Divorce.
  2. There is no reasonable hope or expectation of reconciliation between the parties.

7.  Pursuant to Md. Code Ann., Fam. Law Art., § 9.5-209(a), the Plaintiff states:

8.  For the past five years, the minor child has lived:

a.  From Birth to Date A, at Address, with the Plaintiff;

b.  From Date A to Date B, at Address, with the Plaintiff and her parents; and

c.  From Date B to the present, at Address, with the Plaintiff and he boyfriend.

9.  The Plaintiff has not participated as a party, a witness, or in any other capacity, in any other custody proceeding or litigation of any kind with respect to the minor child. [Or: The Plaintiff knows of the following cases concerning the minor child (list all domestic violence, paternity, divorce, custody, visitation, child support, termination of parental rights, and adoption – list the case number, date filed, parties, and status of the case – if there is a final order, give the substance of it.)

a.  Case #111-1111, Circuit Court for X County, Maryland, domestic violence, protective order entered Date X, temporary custody of minor child to Plaintiff, expires Date Y.

b.  [Etc.]

10.  The Plaintiff has no knowledge of any other custody proceeding pending in a Maryland court or in any other court concerning the minor child. [Or, the Plaintiff has no knowledge…except for those cases listed in Paragraph 8, above.]

11.  The Plaintiff knows of no person not a party to this case who has physical custody or claims to have physical custody of the minor child. [Or, e.g., the paternal grandparents of the minor child have the child with them and claim they have a right to custody.]

  1. The Plaintiff is a fit and proper person to have custody of the minor child.
  2. The Plaintiff has been the primary caretaker of the minor child from the child’s birth until the present.
  3. The Defendant is a fit and proper person to have reasonable and liberal visitation with the minor child.

[Allegation paragraphs – family use home and family use personal property:]

  1. The parties acquired after the marriage a residence located at [address], which was used as their principal place of residence when they lived together, is owned by them as tenants by the entireties, in which the Plaintiff and the minor child currently reside, and which is the family home.
  2. Located within and around the family home is substantial personal property, including furniture, furnishings, appliances, and a [year, make, and model of car]; said personal property was acquired during the marriage; used primarily for family purposes, and is family use personal property.

[Allegation paragraphs – marital property:]

  1. The parties have real and personal property that is marital property, not having been acquired prior to the marriage and not being an inheritance, a gift from a third party, or directly traceable to any of those sources. The marital property includes:
  2. The family home located at [address of family home], which is currently valued at approximately [value of property] and which is subject to a mortgage the balance of which is approximately [amount owed on mortgage].
  3. A [year, make, and mode] automobile titled in [party’s name or jointly].
  4. [Any other specific items, including bank accounts, investments, jewelry, etc.]
  5. Various items of personal property including household goods, furniture, furnishings, and appliances located in the family home.
  6. The [party]’s pension [or any other deferred benefit plan].
  7. Furnishings, furniture, and appliances acquired by the Defendant since the time of the separation and located in the Defendant’s home; said articles were purchased with marital funds and are marital property.

[Allegation paragraphs – income:]

  1. The Plaintiff is employed as a [job title or description] with [employer]; her income is approximately [$ ] per year.
  2. The Defendant is employed as a [job title or description] with [employer]; his income is approximately [$ ] per year.

[Or…]

  1. The Plaintiff is employed at a low-paying job [or is unable to work] with no immediate prospects for better or more lucrative employment; by reason of her age and lack of employment history, she cannot reasonably be expected to make substantial progress toward becoming self-supporting; and even after she will have made as much progress toward self-support as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.

[Or…]

  1. The Defendant is employed as a [job title or description] with [employer]; his income is approximately [$ ] per year. However, in the past five years the Defendant’s income has been between [$ ] and [$ ]. The Defendant is capable of making [$ ] but has voluntarily impoverished himself.
  2. The Plaintiff’s monetary and non-monetary contributions to the well-being of the family throughout the marriage of the parties have been substantial; the Plaintiff has contributed her employment income, and has also contributed to the well-being of the family by raising the minor child of the parties, making a home for the child and the Defendant, and assisting the Defendant in his career.
  3. The Defendant is owes a duty of support to the minor child and to the Plaintiff.

[Allegation paragraphs – debt:]

  1. The parties acquired substantial debt during the marriage, including [mortgage, credit cards, car loans, and other debt, the amount of the debt, and whether it is joint or in the name of one of the parties alone].

WHEREFORE, the Plaintiff requests:

A.  That she be awarded an absolute divorce from the Defendant;

B.  That she be awarded custody of the minor child of the parties, both pendente lite and permanently;

C.  That she be awarded child support, both pendente lite and permanently;

D.  That she be awarded alimony pendente lite;

E.  That she be awarded indefinite alimony;

F.  In the alternative, that she be awarded rehabilitative alimony;

G.  That she be awarded child support, both pendente lite and permanently;

H.  That the Defendant be ordered to pay the cost of health insurance for the Plaintiff and the minor child;

I.  That she be granted use and possession of the family use personal property for the benefit of the minor child, pendent lite and for a period of three years from the date of divorce;

J.  That she be granted use and possession of the family home for the benefit of the minor child, pendente lite and for a period of three years from the date of divorce;

K.  That the Defendant be ordered to pay the mortgage, property tax, homeowner’s insurance, and any other costs associated with the family home

L.  That the Court determine the ownership of all real and person property owned by the parties regardless of how titled;

M.  That the Court make a determination of marital property;

N.  That the Court determine the value of marital property of the parties;

O.  That the Court pass an Order granting to Plaintiff a monetary award as an adjustment of the equities and rights of the parties in the marital property;

P.  That such monetary award be reduced to a judgment in favor of the Plaintiff;

Q.  That the Court transfer at least one-half of the marital portion of the Defendant’s interest in his pension to the Plaintiff;

R.  That the Court order a sale in lieu of partition of jointly held real or personal property not included in a use and possession Order; and a division of the proceeds of sale thereof between the parties;

S.  That the Court order the transfer of ownership of the family home located at [address of family home], in [county] County, Maryland, to the Plaintiff;

T.  That the Court transfer at least one-half of the marital portion of Defendant's interest in his pension to Plaintiff;

U.  That the Court assign to Plaintiff an interest in Defendant's pension survivor benefit;

V.  That the Court order a sale in lieu of partition of real property in, Maryland, titled in the joint names of the parties as tenants by the entireties, and any other jointly held real or personal property not included in a use and possession Order; and a division of the proceeds of sale thereof between the parties;

W.  That the Defendant be ordered to pay to the Plaintiff the costs of these proceedings, including court fees and costs, reasonable attorney’s fees, and the cost of [any court ordered services like mediation, co-parenting seminar, etc., any property appraisal, the cost of an attorney appointed for the child, etc.]

X.  That the Plaintiff be awarded such other and further relief as the nature of her cause may require.

I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing Answer to Complaint for Custody are true and correct to the best of my knowledge, information, and belief.

Plaintiff

Respectfully submitted,

Attorney

Firm

Address

Phone

Email

Attorneys for the Defendant

Certificate of Service

I hereby certify that on this day of , , a copy of the foregoing Complaint to Establish Custody, Child Support, and Other Relief was mailed, first class mail, postage prepaid, to ______.

Attorney

Complaint for Absolute Divorce
Page 8 of 8 / Plaintiff vs. Defendant
C-00-0000000