Note: This is an example of a complaint for absolute divorce under the new § 7-103(a)(8),
which is effective beginning on October 1, 2015. § 7-103(a)(8), which creates “mutual
consent” as a new ground for divorce, may only be used in cases in which (1) the parties have no
minor children; (2) the parties execute and submit to the court a settlement agreement which
resolves all issues relating to (a) alimony, and (b) the distribution of property, including the relief
provided in § 8-205 and § 8-208; (3) neither party files a pleading to set aside the settlement
agreement prior to the divorce hearing required under the Maryland Rules; and both parties
appear before the court at the absolute divorce hearing. (It is formatted for “redline” paper.)
____________________,
PLAINTIFF
VS.
____________________,
*
*
IN THE
*
CIRCUIT COURT FOR
*
___________________ COUNTY
*
DEFENDANT
*
*
*
*
*
*
CASE NO: __________________
*
*
*
*
*
COMPLAINT FOR ABSOLUTE DIVORCE – MUTUAL CONSENT
TO THE HONORABLE, THE JUDGE OF SAID COURT:
, Plaintiff, by and through [her/his] attorneys,
, respectfully represents to this Honorable Court:
1. The Plaintiff is an adult citizen of the United States and has been a resident of the State of
Maryland for more than six months prior to the filing of this Complaint for Absolute
Divorce.
2. The Defendant is an adult citizen of the United States and has been a resident of the State
of Maryland for more than six months prior to the filing of this Complaint for Absolute
Divorce.
3. The parties were married on [date] in [county and state], and are now husband and wife.
Complaint for Absolute Divorce – Mutual Consent
Page 1 of 3
Plaintiff vs. Defendant
C-00-0000000
4. No children were born to the parties or adopted by the parties during the marriage [or,
[number of child[ren] [was or were] born to the parties or adopted by the parties during
the marriage, to wit, [names and ages of children], all of whom are emancipated adults].
5. On [date], the parties both executed a written Voluntary Separation and Property
Settlement Agreement which resolves all issues relating to and arising out of their
marriage relationship, including alimony and the distribution of property, including the
relief provided in Md. Code Ann., Family Law Art., § 8-205 and § 8-208; a copy of said
Agreement is attached to and incorporated herein.
6. Neither party has filed a pleading to set aside the said Agreement.
7. [If the wife requests a return to her former name] The Plaintiff wishes to be restored to
her former name, [former name], and certifies that she is not changing her name for any
illegal, immoral, or fraudulent purpose.
Wherefore, the Plaintiff prays:
A. That the Count enter a Judgment of Absolute Divorce on the grounds of mutual consent;
B. That the Separation and Property Settlement Agreement dated [date] be incorporated but
not merged into the Judgment of Absolute Divorce;
C. That the Plaintiff be restored to her former name, [name];
D. [If applicable] That, in order to implement the provisions of the Separation and Property
Settlement Agreement relating to the allocation of pension and/or retirement assets, the
Court enter such orders necessary to implement said provisions;
E. That the Court grant such other and further relief as may be just and proper.
Complaint for Absolute Divorce – Mutual Consent
Page 2 of 3
Plaintiff vs. Defendant
C-00-0000000
I do solemnly declare and affirm under the penalties of perjury that the contents of
the foregoing Complaint for Absolute Divorce are true and correct to the best of my
knowledge, information, and belief.
[name]
Plaintiff
Respectfully submitted,
Attorney
Firm
Address
Address
Phone
Fax
Email
Attorneys for the Plaintiff
Certificate of Service
I hereby certify that on this
day of
,
, a copy of the
foregoing Complaint for Absolute Divorce was mailed, first class mail, postage prepaid, to
[opposing attorney’s name and mailing address].
Attorney
Complaint for Absolute Divorce – Mutual Consent
Page 3 of 3
Plaintiff vs. Defendant
C-00-0000000