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Understanding the residency requirements for divorce in Maryland is essential for ensuring your case is filed properly and accepted by the court. Maryland law requires that at least one spouse meets specific residency criteria before filing for divorce. Failing to meet these requirements can result in delays, dismissal of your case, or the need to refile in another jurisdiction. This article outlines Maryland’s residency rules, why they matter, and how they impact the divorce process.
Residency Requirements for Filing Divorce in Maryland
Maryland’s residency requirements are based on where the spouses live and where the grounds for divorce occurred. The requirements vary depending on whether the grounds for divorce occurred inside or outside of Maryland.
1. Residency Requirement Based on Where the Grounds for Divorce Occurred
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- If the grounds for divorce occurred in Maryland:
Either spouse must be a resident of Maryland at the time the divorce is filed.
- If the grounds for divorce occurred in Maryland:
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- If the grounds for divorce occurred outside of Maryland:
At least one spouse must have lived in Maryland for at least six months before filing for divorce.
- If the grounds for divorce occurred outside of Maryland:
This means that if a couple moved to Maryland after the reason for divorce (e.g., adultery or separation) happened in another state, they would need to wait six months before they could legally file for divorce in Maryland.
2. Proving Residency
To establish residency, the court will require proof, which may include:
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- Maryland driver’s license or ID card
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- Lease agreement or mortgage statement
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- Utility bills
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- Voter registration
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- Tax returns listing Maryland as the state of residence
Residency must be continuous, meaning there should be no extended absence from the state during the required period.
3. Military Residency Rules
Military members stationed in Maryland are treated as residents for the purpose of filing for divorce, even if their home state is different. If the military spouse is deployed outside of Maryland but maintains a residence or is stationed in the state, they may still meet the residency requirement.
4. Residency Requirements for No-Fault vs. Fault-Based Divorce
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- No-Fault Divorce – Residency requirements for no-fault divorce based on separation or mutual consent are generally more straightforward. If both spouses live in Maryland, the case can be filed in the county where either spouse resides.
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- Fault-Based Divorce – Residency requirements may be stricter for fault-based divorces, particularly if the misconduct (such as adultery or abuse) occurred outside of Maryland. The six-month residency rule will apply in those cases.
5. Where to File for Divorce in Maryland
Divorce cases must be filed in the circuit court of the county where either spouse resides. Maryland has 24 circuit courts, one in each county and Baltimore City.
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- If both spouses live in Maryland but in different counties, the case may be filed in either county.
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- If one spouse lives out of state, the case must be filed in the county where the Maryland-resident spouse lives.
6. Impact of Residency on Child Custody and Support
Residency also affects child custody and support cases. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Maryland courts have jurisdiction over custody cases only if the child has lived in Maryland for at least six consecutive months before filing.
If one spouse moves out of state after filing, Maryland courts typically retain jurisdiction over the case unless both spouses agree to transfer it to another state.
7. How to Handle Residency Issues
If you don’t meet the residency requirement, you may have to wait to file or explore alternative legal options:
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- Wait to meet the six-month requirement – If you recently moved to Maryland, you can establish residency by living in the state continuously for six months.
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- File in another state – If you still meet the residency requirements in the state where the grounds for divorce occurred, you might be able to file there instead.
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- Consult with an attorney – A family law attorney can help determine the best strategy based on your residency situation.
