Maryland Divorce Law Requirements & Jurisdiction

 

maryland divorce law

maryland divorce law

maryland divorce law Maryland Divorce Law Requirements & Jurisdiction

Maryland Divorce Law Requirements & Jurisdiction

I’ve had a few inquiries regarding divorces for residences who live out-side the State of Maryland, asking whether moving in to the State of Maryland will effect their divorce process.

 maryland divorce law

My answer is it depends.  Here is the scenario:   Husband and Wife live in New York. Wife desires to file divorce. Meanwhile, Wife is moving to Maryland. If she moves to Maryland, can she immediately file for divorce? The answer is no.  Will this move to Maryland delay the process?  Yes.

In order for her to file in MD, she must meet the divorce residency requirement of 1 year residing in the State of Maryland before she may use the Maryland court.

 maryland divorce law

According to the Maryland law, (Maryland Code, Family Law  § 7-101), if the grounds for divorce occured outside of the State (reason for why a divorce is happening), a person must be a resident for at least one year before they can file for a divorce in Maryland.

This was also discussed and given greater power in the United States Supreme Court Case, Sosna v. Iowa, 419 U.S. 393, 95 S. Ct. 533, 42 L.Ed.2d 532 (1975). In that case, the wife challenged the residency requirement for divorce, claiming that her intent to stay in the state should be enough. The court held that a state may validly impose a reasonable residency requirement in divorce actions because a state has a legitimate interest in not becoming a divorce mill.

 maryland divorce law

So the moral of this story is …  If your getting a divorce in Maryland or D.C., hire an attorney!  And we’d be glad to help you and answer all of your questions.  The process can be long and dreadful but when you have us on your side, we may be able to lighten the load, a tad. Call now for your free consultation at (443)296-2570.

The website for the Circuit Court – where Divorces can happen is: http://www.courts.state.md.us/circuit/index.html

 maryland divorce law

*Disclaimer: None of this information on this page should be used as legal advice or relied upon.  Please consult your attorney regarding your specific case. This blog is general information that may be outdated over a period of time.

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