If I got married in one state, now live in another and and my husband is a Canadian living in Canada, where would I file for separation/divorce?

Asked on July 5, 2012 under Family Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You file for divorce in the state in which you reside and meet the residency requirements.  That allows the court to obtain jurisdiction over you. There is a 1 year requirement if the grounds for the divorce occurred outside the state of Maryland, otherwise if either spouse is a resident of the state of Maryland, he or she may file in the county in which either spouse resides. If you are filing for divorce under the grounds of insanity, the residency requirement is increased to 2 years. (Maryland Code - Family Law Chapter - Section: 7-103).  As for serving him in Canada that is another story unless he is consenting and will sign the paperwork.  Please seek legal help.  Good luck.


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