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Is it possible to file for divorce in Maryland if I'm living in Virginia?

Baltimore, MD |
Filed under: Divorce

I have tried filing for divorce in Virginia, since I am living here, and having a heck of a time getting the paperwork right for the courthouse. I got married in Maryland and my soon to be ex husband was in the Navy, so from what I have been told, I am still technically a MD resident since my drivers license is still in MD and able to file in MD.

Attorney Answers 3

Posted

You can't just venue shop because the court documents are easier. You need a legitimate reason to file for divorce in Maryland. That being said, in order to file for divorce in Maryland one party must be resident in Maryland. This means, you must physically be living here -- not just have a Maryland Driver's license. Moreover, there are time considerations as well. If the ground for divorce occurred in Maryland, you must be currently living in Maryland at the time you file for divorce. If the grounds for divorce occurred outside Maryland, then you or your spouse must have lived in Maryland for at least one year before filing your divorce complaint.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

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Posted

I would need some more information to answer your question. For instance, if your soon to be former spouse has been living in Maryland for more than a year, then the answer is yes. Jurisdiction could be based on his place of legal residence/domicile. If the grounds for the divorce arose in the State of Maryland then that could also be a basis for the court to assume jurisdiction. If your husband listed Maryland as his "home of record" at the time he entered the Navy and continued to maintain a driver's license and pay taxes there, that could form the basis as well if he is still in the Navy, even though he might be living somewhere else. Merely having your driver's license in the State of Maryland will not, in and of itself, form sufficient basis for a Maryland Court to assume jurisdiction based on your legal residence. You would need more and I would need more information before advising you. On another note, I would not assume that the "paperwork" will be any easier in Maryland than in Virginia.

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Posted

The answer is how long have you lived in Virginia? If you fulfill the residency requirement you cna file there. The best way to prove residency is with the driver's license but it can be done other ways, such as witnesses, leases, utility bills.

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