Nuts and Bolts: Family Law
September 16, 2015
Brief Outline of a Divorce and Custody Case
1. Client interview
2. Pleadings and what goes with them
a. Entry of appearance
b. If the client is the plaintiff, a complaint
c. If the client is the defendant, an answer
d. If necessary, a counter-complaint
e. If the client comes to you after filing the case pro se, you may want to file an amended
complaint, amended answer, or amended counter-complaint
f. Remember to request attorney’s fees in the pleading
g. Financial statement
(i) Short form (form DR 30) – Md. Rule 9-203(b) – this is used if the establishment or
modification of child support is the only support issue
(ii) Long form (form DR 31) – Md. Rule 9-203(a) – this is used if alimony is an issue or
if there is a child support issue and no party claims an amount outside of the child
support guidelines
h. Civil domestic case information report – DCIR (form CC/DCM 001).
(i) The DCIR includes parties’ request for services
(a) Drug and alcohol screening.
(b) Mental health evaluation.
(c) Child’s counsel.
(d) Home study.
(e) Mediation – see (5)(b), below.
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Brief Outline of a Divorce and Custody Case
September 16, 2015
(ii) Other special accommodations
(a) Request for spoke language interpreter (attach form CC-DC 41)
(b) Other request for accommodations by a person with disabilities (attach form CCDC 49)
3. Service of process – Md. Rule 2-121
4. Discovery – Md. Rules 2-401, et seq., and appendix of form interrogatories
a. Discovery deadlines: All discovery must be completed 30 days before merits trial date,
including resolution of discovery disputes; also, there may be a scheduling order setting
different discovery deadlines
b. Scope of Discovery – Md. Rule 2-402.
c. Depositions – Md. Rules 2-411 through 2-419.
d. Interrogatories – Md. Rule 2-421.
e. Request for Production of Documents – Md. Rule 2-422.
f. Requests for Admissions of Facts and Genuineness of Documents – Md. Rule 2-424.
g. Subpoenas, including retirement benefits information.
5. If the opposing party fails to respond to discover deadlines or responds but not completely –
Md. Rules 2-432 and 2-433
a. Contact the party or attorney to remind of the deadline, or to try to negotiate for an
extended deadline
b. Motion to compel responses
c. If ordered to compel and party still doesn’t respond – motion for sanctions
d. If no response to a request for admission of facts and genuineness of documents – file an
admission of facts and genuineness of documents
6. Scheduling conference – Md. Rule 2-504.1
a. Set dates for pendente lite hearing, discovery deadlines, completion of mediation or other
ordered programs, pre-trial conference, and merits trial
b. Order alternative dispute resolution.
(i) Settlement conference.
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Brief Outline of a Divorce and Custody Case
September 16, 2015
(ii) Mediation
(a) If there is a good faith allegation of physical or sexual abuse of a party or child,
then mediation shall not be ordered – Md. Rule 9-205(b)(2).
c. Motion for services that are not ordered
(i) Drug and alcohol screening – Md. Rule 2-423
(ii) Mental health evaluation – Md. Rule 2-423
(iii)Attorney for the child – Md. Rule 9-205.1
(iv) Home study
(v) Parenting or custody evaluation
(vi) Party’s request for other special accommodations: Request for spoke language
interpreter (attach form CC-DC 41)
(vii) Other request for accommodations by a person with disabilities (attach form CCDC 49)
7. Pre-trial conference
a. If ordered, a pre-trial statement must be filed at least 5 days prior to the pre-trial
conference – Md. Rule 9-207 (note that judges have the discretion to order a pre-trial
statement or not, and to set different deadlines) – Md. Rule 2-504.2
b. The pre-trial statement, at the judge’s discretion, may include
(i) A brief statement by the plaintiff of the facts relied on in support of any claim, and a
brief statement by the defendant of the facts relied on in support of any defense
(ii) A brief statement as described above for any counter-complaint or answer to countercomplaint
(iii)Any stipulations.
(iv) A list of trial exhibits
(v) A list of non-expert witnesses and a list of expert witnesses
c. At the pre-trial conference the judge may also require
(i) Joint statement of marital and non-marital property – Md. Rule 9-207
(ii) Updated financial statements – Md. Rule 9-203.
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Brief Outline of a Divorce and Custody Case
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(iii)Proposed child support guidelines worksheet – Md. Rule 9-206 – use form DR-34
Worksheet A for sole residential custody and use DR-35 Worksheet B if the
child(ren) at issue spend more than 128 overnights per year with the non-custodial
parent
8. Pendente Lite Hearing
9. Joint statement of marital and non-marital property – Md. Rule 9-207 and form DR-33
a. Md. Rule 9-207(c) – joint statement must be filed at least 10 days prior to trial
b. No more than 30 days before the joint statement is due to be filed, each party must serve
on the other a proposed joint statement
c. No more than 15 days before the joint statement is due to be filed, the plaintiff must serve
on the defendant a signed joint statement that fairly reflects the views of the parties
d. The defendant must “timely” either sign and file the joint statement, or file the joint
statement with just the plaintiff’s signature with a statement giving the specific reasons
for not signing
10. Trial
11. Post-trial
a. Judgment of Absolute Divorce.
b. QDROs.
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Brief Outline of a Divorce and Custody Case
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