If you have recently separated from your spouse and relocated to Maryland, you might be wondering if you can actually file for divorce here. There are certain residency requirements surrounding divorce filings in Maryland. It is important to be aware of these rules before taking any formal steps in filing a divorce petition.

Here are some answers to common questions on this topic.

Do Both My Estranged Spouse and I Have to Live in Maryland to File for Divorce Here?

No. Maryland law only requires that one spouse be a resident of the state to have jurisdiction over a divorce filing by either spouse. So you could for divorce here even if you live in another state, provided your spouse resides in Maryland, or vice versa.

Is There a Minimum Residency Requirement?

It depends. The residency requirement varies based on the grounds for divorce. If the reason for the breakdown of the marriage occurred while you were living in Maryland, then you only need to be a resident at the time of filing. But if those grounds occurred while you were residing outside of Maryland–in another state or country–then either you or your spouse must reside in Maryland for at least six months prior to filing for divorce in this state.

One thing to keep in mind, however, is that many of the recognized grounds for divorce in Maryland have a one-year waiting period. For example, if you are seeking a divorce based on the fact you and your spouse have separated, you must be living apart in separate residences for at least 12 months. Similarly, if you want a divorce based on your spouse’s “desertion,” that also must have occurred at least 12 months before you file any papers.

Does it Matter What State I Got Married in?

No. You do not need to return to the state where you got married to get a divorce if it is not your current state of residence. Provided you and your spouse meet Maryland’s residency requirements, you can divorce here regardless of where the marriage took place.

My Spouse and I Both Live in Maryland But in Different Counties: What County Should I for Divorce in?

You can file in either. In Maryland, the Circuit Courts handle divorce cases. Each county (and Baltimore City) has its own Circuit Court. You can file in the Circuit Court for the County where you reside or where your spouse resides.

How Do I Prove Residency?

If the judge asks you to prove residency, you can typically do so by providing a current Maryland driver’s license or voter registration card. Other documents that may be accepted include a bank statement (showing your Maryland address) or a state income tax return.

Contact Bowie, Maryland, Family Law Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.