If I currently reside in one state but want to return to another and file there, is that possible?

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If I currently reside in one state but want to return to another and file there, is that possible?

I would file after establishing residency. I am willing to file a quitclaim deed and let him keep the house. We don’t have children and plan to equitably decide on division of personal property and finances.

Asked on March 31, 2012 under Family Law, Maryland

Answers:

Christopher Vaughn-Martel / VAUGHN-MARTEL LAW

Answered 11 years ago | Contributor

You don't mention which state you are intending to move to, but you will likely need to meet that state's residency requirement in order to enable the court to hear your divorce.  I would absolutely speak to a lawyer before you start transferring property or assets.

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

Answered 11 years ago | Contributor

You hit the nail on the head, so to speak.  Once you establish residency in the state to which you are moving then you can file for divorce.  Also check the county rules for residency as well.  Some counties have separate requirements.  As for the house. if you are on the mortgage I would think twice about executing the deed and get some advice from ana ttorney on how to proceed there.  You are still liable to the lender.  Good luck. 


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