Does my spouse need to be served with divorce papers?

Yes, your spouse must be served with divorce papers in order for the divorce to be official in Maryland. This is known as “service of process” and requires an individual (known as the “server”) to give the court papers to your spouse in person. This ensures that your spouse is aware of the proceedings and can participate in the divorce if they wish to. The process of service is usually handled by an individual called a “process server” who is legally allowed to hand-deliver the papers. If your spouse is difficult to locate, the court may allow you to serve the papers by mail, publication in a newspaper, or by posting them at your spouse’s last known address. Before the court will grant a divorce, the server must submit a “return of service” form to the court. This form is a sworn statement asserting that the papers were properly served and includes information about the date, time, and method used to serve the other party. Without this form, the court will not grant the divorce. In Maryland, it is the petitioner’s responsibility to arrange for service and to provide proof that service has been completed. If you do not take the necessary steps to properly serve your spouse, your case may be dismissed and you may be required to start the process again.

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Does my spouse need to be served with divorce papers?

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