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The Residency Requirements for a Maryland Divorce

Couple dressed up nice sitting on a couchIn the eyes of the law, it does not matter where you got married. The divorce will be filed in the state where you currently reside, which means it is subject to all of the laws in that state. Whenever one spouse lives in Maryland, they can file for a divorce. However, the residency requirements for Maryland divorce are slightly more complicated than that.

Residency Requirements for Maryland Divorce

In order to file for a divorce in Maryland, one of the parties must be a Maryland resident. That means that the party must be physically living in the state. To file for divorce in Maryland, one member of the relationship must have been a resident in the state for at least 6 months as of the date of filing. This is true regardless of where the grounds for divorce occurred.

How to Prove Maryland Residency

When filing, you should state how long, in months or years, you have been a resident in Maryland. In proving residency, you can also supplement your testimony and case with tax filings, mail to an address, the location of your personal belongings or the location of your bank. While proof of residency might seem trivial, divorce cases have been dismissed and overturned on these grounds.

Can I Move After I File for Maryland Divorce?

You do not need to stay at the same address in Maryland as long as you have fulfilled the residency requirements for your filing. You can move anywhere within the state without issue. You or your spouse can also leave the state of Maryland after filing, providing that one of you was a Maryland resident at the time the divorce was filed and you could meet the residency requirements. However, it’s important to remember that you will need to return to the state potentially multiple times during the divorce process for hearings.

Prepare for Your Maryland Divorce with Lebovitz Law

If you are preparing for a Maryland divorce and unsure if you meet the residency requirements or need assistance with another aspect of your divorce , Lebovitz Law can help. To learn more about how we can assist you, please contact us today.

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