Waldorf, Maryland, Divorce: Can I File for Divorce in Maryland if My Spouse Lives in Another State?

Yes, as long as one spouse satisfies the Maryland residency requirements for filing for divorce here in Maryland. In general, in the United States, the authority of a divorce court to grant a divorce is a function of residency — that is, where the married spouses live. This is true for Maryland divorces. If you need legal assistance with your divorce here in Charles County, Maryland or in other parts of SoMD, call us here at the Law Office of Robert Castro at (301) 870-1200. We are divorce attorneys in Waldorf, Maryland. We know the Maryland divorce laws and can help you with your divorce.

As noted, to file for a Maryland divorce in Waldorf, MD, at least one spouse must meet the Maryland residency requirements. Fortunately, the residency requirements in Maryland are relatively easy to meet. The first requirement is simply that one or both spouses must live in Maryland. This means having a house or an apartment in Maryland where one intends to live, sleep, receive mail, etc. This is all that is required if the reason for the divorce occurred in Maryland. Adultery, for example, is one reason that divorces are allowed in Maryland. If the adultery occurred in Maryland, then as long as one spouse lives in Maryland, there is no “wait time.” Divorce can be filed immediately. On the other hand, if the reason for the divorce occurred outside Maryland, then one of the spouses must have lived in Maryland for six months prior to the initiation of the divorce.

What if my spouse lives in another state?

Once the residency requirement is met, it does not matter where your spouse lives. If your spouse lives in, say, California, that is no barrier to you filing for a Maryland divorce. As long as YOU are living in Maryland and the reason for the divorce occurred in Maryland, you can file right away. Otherwise, you can file in six months, even if your spouse is living in California.

The fact that your spouse lives in another state WILL complicate your Maryland divorce, at least a little. First and foremost, the Maryland divorce court must obtain personal jurisdiction over the out-of-State spouse. That can be a bit time-consuming and procedurally cumbersome. But top-tier Waldorf, Maryland divorce lawyers can get it done and it is usually done easily if the spouse’s location is known. Beyond that, since you live in Maryland, you will have a “home court advantage,” so to speak, by having your divorce handled here by a Maryland divorce court.

Cautionary note: other time delays

There is a cautionary note that must be made because some grounds for divorce in Maryland have “time waits” separate from the residency requirement. For example, a divorce by mutual consent requires that the spouses have lived separately for at least 12 months. So, neither spouse can file — regardless of where they live — until that 12-month period has elapsed. As another example, if the ground for divorce is insanity, the mental condition must exist for three years prior to the filing of a divorce complaint. These “time-waits” apply whether your spouse lives here in Maryland or is out of state.

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