Silver Spring, MD asked in Divorce for Maryland

Q: Can I file for divorce if I just moved to Maryland and we agreed to a mutual consent divorce after I moved?

I am originally from Maryland and I just moved back 2 months ago with my child after living in another state for a few years. My spouse and I agreed to separate/divorce by mutual consent after I moved back. I am reading that I must be a resident of the state for 6 months prior to filing. However I am also reading that if the "grounds for divorce" occurred in Maryland, the 6 months is not required. I have an established residency, employment with the company I worked with for 12 years prior to moving from MD, and my child has already been attending school here. Since we agreed to the divorce and created the voluntary separation agreement while I have been in Maryland (my spouse is in another state), do I have to wait the duration of the 6 month residency requirement?

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1 Lawyer Answer
Dawn Renee Gould
Dawn Renee Gould
  • Licensed in Maryland

A: If the ground for divorce occurred in Maryland, you need only be currently living in Maryland at the time you file for divorce. Where the grounds for divorce occurred outside Maryland, you or your spouse must have lived in Maryland for at least six months before filing your divorce complaint.

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