Can I file for divorce in Maryland if my spouse lives in another state?
Di Goodman
Maryland managing attorney at Marble Law
Key Takeaways
- As long as you meet the residency requirements, you can file for divorce in Maryland if your spouse lives in another state.
- You may also be able to file in your spouse’s state.
You can potentially file for divorce in Maryland even if your spouse lives in another state. The key is that you need to meet the state's residency requirement.
Maryland residency requirement
The residency requirement for Maryland depends on where the ground(s) for the divorce occurred.
- If the ground(s) happened in the state, the person filing must be a Maryland resident when they file a divorce complaint.
- If the ground(s) took place outside of the state, one of the spouses must have lived in Maryland for at least six months before either can file for divorce.
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So as long as you meet these criteria, you can file for divorce in Maryland if your spouse lives elsewhere.
Another option may be to file in the state where your spouse now lives. Speaking with an attorney may help you better understand which state has jurisdiction over your case and the pros and cons of filing in each state.
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