One of the eligibility requirements for obtaining a divorce in Waldorf, MD, is that one or both spouses must meet the statutory residency requirement. In this respect, Maryland is similar to most States in the United States. However, unlike most States, with a couple of exceptions, Maryland does not generally require that the spouses live in Maryland for any length of time before being eligible to file for divorce. That is, in many states, one or both of the spouses must live in the State for, say, six months. There is only a time element if the divorce is “for-fault” and the “for-fault” facts — such as adultery — occurred in another State. In that case, at least one spouse must have lived in Maryland for six months. There is one other technical exception (although it rarely has a practical impact). If the couple has a child/children and the Maryland divorce court is being asked to award custody and child support, then the child/children must have lived in Maryland for six months before the court makes its determination. If you have questions about Maryland divorce residency requirements, call us here at the Law Office of Robert Castro at (301) 870-1200. We are divorce attorneys in Waldorf, Maryland.

What does being a “resident of Maryland” mean legally?

Maryland divorce courts define being a “resident of Maryland” in terms of being “domiciled” in Maryland. For Maryland divorce courts, a “domicile” is a combination of three things: a place/location, a mental intent, and a set of behaviors. With respect to the place/location, Maryland divorce courts expect the following:

• A location/place which is a true fixed permanent home
• A location/place where a person habitually occupies — that is, keeps personal property, sleeps overnight, prepares meals, has privacy expectations, etc.

With respect to mental intent, Maryland divorce courts ask whether a person attempting to establish their domicile has a “present intention of remaining” at the location. Finally, with respect to behavior, there are a large number of actions that can help demonstrate a person’s domicile. In many respects, these actions relate to the other two aspects. For example, calling and setting up utilities for a marital home is an action that, by itself, establishes a domicile but also is proof of the mental intent to establish a domicile and identifies the location/place. Other ways of proving domicile/residency include:

• Providing a simple sworn statement that a place is your home here in Maryland
• Showing proof of voter registration in Maryland
• Establishing that you receive U.S. Postal mail at a Maryland residence
• Where applicable, demonstrating enrollment of children at a local Maryland school
• Having financial accounts in Maryland
• Paying your State income taxes to Maryland
• Obtaining utility service for a residence in Maryland
• And more

It should be noted that, generally, if a spouse states that they are a resident of Maryland, the Maryland divorce courts will accept that statement as true. Residency/domicile really only becomes a legal issue if the question is disputed by the other spouse.

Contact Waldorf, Maryland Family Law and Divorce Lawyer 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 Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.