Baltimore County & Towson Divorce Lawyer | Grounds For Divorce | Maryland Residency Requirement.
As a Towson family law attorney, I can tell you that your divorce in the Circuit Court for Baltimore Countywill probably be dismissed unless you meet Maryland's residency requirements. Before proceeding, let me dispel one common myth: you do NOT have to be divorced in the state where you were married.
Maryland's Residency Requirements
When it comes to residency, this is the bottom line:
- If the grounds for divorce took place in a state other than Maryland, there is a one-year residency requirement. For example, if the grounds for divorce is adultery and the adultery took place in Las Vegas, Nevada, then you must reside in Maryland for one year before filing for an absolute divorce in Maryland on the grounds of adultery.
- If the grounds for divorce took place in Maryland, then you can sue for divorce in any Maryland County where one of the spouses resides.
- There is a two-year residency requirement if the grounds for divorce is insanity. However, it is rare for any divorce to be granted in the Circuit Court for Baltimore County based on insanity.
Proving That You Are a Resident of Maryland
The properly drafted divorce pleading will clearly state the residence of the filing party, the responding party, or both. Courts consider multiple factors to determine residency, including:
- Where the person votes. If you have a history of voting in Baltimore County, then it suggests that you are a Baltimore County resident.
- Where the person actually lives. If you have lived in Towson all of your life, then you are probably a Maryland resident.
- Where the person pays taxes. If you pay personal income taxes in Maryland and Delaware, for example, then it might be debatable.
- Where the person obtained his or her driver's license.
- Where the person receives mail.
If proof of residency becomes an issue, it may be necessary for your divorce lawyer to call witnesses to testify concerning your intention to stay in Maryland.
Moving After Filing for Divorce In Baltimore County
The residency requirement is either met, or not, at the time the divorce is filed. You can move to a different county or even a different state and usually not undermine the residency requirement. Before going anywhere, the litigant should stop and consider the necessity of fully participating in the Maryland divorce process including the Scheduling Conference, the Settlement Conference, the Trial on the Merits, and the discovery process including on-site depositions.
Members of the Armed Services
With respect to individuals in the military, if they were Maryland residents prior to entering the Service, they will be allowed to file for divorce in Maryland, even if they have not lived in the state since entering the military.
Call (410) 321-4994 For a Consultation With Towson Divorce & Child Custody Family Lawyer Amar S. Weisman.
Please Call (410) 321-4994 to schedule a Free Consultation. The purpose of the consultation is to decide whether you want to hire Amar S. Weisman. To obtain legal services, you must pay a retainer, see Policy on Fees/Costs. The law firm is next to The Circuit Court for Baltimore County, at 305 Allegheny Avenue, Towson, MD, 21204. We represent clients throughout the Baltimore area including Aberdeen. Abingdon, Bel Air, Bowleys Quarters, Catonsville, Cockeysville, Edgewood, Essex, Lutherville, Owings Mills, Parkville, Perry Hall, Rosedale, Sparrows Point, Timonium, Towson, Westminster and White Marsh.