Maryland Residency

Divorce laws differ from state to state and they apply only to “residents” in each state.  Each state has its own residency requirements.  You are required to show that either you or your spouse is a resident in Maryland in order to be able to file for divorce here.

Other words you may run across related to residency are “bona fide resident” and “domicile”.  These two words have the same meaning under Maryland divorce law. Epstein vs Epstein, 193 Md 164, 66A.2d 381 (1949), Fletcher v. Fletcher, 95 Md. App. 114, 619 A.2d. 561 (1993) 

How Long Must I live in Maryland to be a Resident?
How to Prove Residency During a Divorce
What if the Grounds for Divorce Occurred Outside Maryland?
Can I Move Elsewhere in Maryland after I File?
Can I Move out of Maryland after I File?
Which Maryland County Court Do I File In?
I am in the Armed Services but I Lived in Maryland Before, Where Should I File?  

How Long Must I Live in Maryland to be a Resident?

To show that you are a Maryland resident for purposes of a divorce, you must be physically living in Maryland.  How long you must have lived in Maryland before filing a divorce complaint will depend on where the ground for divorce occurred.  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 one year before filing your divorce complaint. 

How to Prove Residency During a Divorce

First, you must state your residence in the court papers called a “divorce complaint”.  You will fill in that you are a resident of Maryland.  You should also state how long (how many years, months, etc.) you have been a resident here in Maryland. One court found that two important factors in proving your residence are (1) where you actually live and (2) where you vote. Fletcher v. Fletcher, 95 Md. App. 114, 619 A.2d 561 (1993).  Courts will also consider where you pay taxes, receive mail, where your personal belongings are, which state has issued your current driver’s license and where you bank.  Dork v. Skolnik, 280 Md. 101, 371 A.2d. 1094. 

During your testimony in court you should say that you are a resident of Maryland and once again say for how long you have resided in the State. Cases have been dismissed and even overturned because of improper proof of residency.  Willingham v. Willingham, 162 Md. 539, 160 A. 280 (1932).

If you have been a resident of Maryland for a short period of time (less than one year), you will need to be especially careful about evidence to support your statement.  Remember the court will focus on your intent to live in Maryland.  Tell the judge it is your intent to remain in Maryland and support this statement with evidence.  One way to do this is to have a witness. For example, one way might be to bring your boss in to testify that your job will keep you in this state.  Other types of evidence to bring include your driver’s license, your bank statements or W2 form.

Courts can be more strict in uncontested divorce cases.  A divorce is uncontested if your spouse is not formally disputing the divorce. If your spouse is not contesting the divorce you should bring evidence to support your statements about your residency in Maryland.  You should bring a witness or other physical evidence that will help you prove your intent to remain in the State of Maryland. 

What if the Grounds for Divorce Occurred Outside Maryland?

If the grounds for divorce occurred outside of Maryland (i.e., your spouse committed adultery in Virginia), you or your spouse must have resided in the state of Maryland for at least 1 year before filing for divorce.  Md. Code Ann. Family Law, § 7-101 (a) (2000).  You will need to wait until the 12 month period has passed before you can file for a divorce in Maryland.

Can I Move Elsewhere in Maryland After I File?

You do not have to remain at the same address to fulfill your residency requirements.  You can move anywhere within Maryland.  The forms do not require you to list all addresses, but you should be prepared, in the final hearing, to prove where you lived during the separation.

Can I Move Out of Maryland After I File?

Yes, if you or your spouse move to another state after the divorce has been filed, you may still have your case heard in Maryland. As long as you or your spouse were residents in Maryland when the divorce was filed. Remember, if you are handling your divorce yourself or need to attend a divorce hearing, you will need to return to the state.

Which Maryland County Court Do I File In?

The term “venue” refers to which county court within Maryland is the appropriate place to file your divorce complaint.  The divorce must be filed in the county of residence where either you (the plaintiff or person starting the action) or your spouse (the defendant or person being sued for divorce) resides.  You may also file in a county where either of you are regularly employed or has a place of business.  Tip:  If you are handling your own divorce, the easiest place to file is where you live or work.  You will need to be able to get to the court during the day to file various papers.

I am in the Armed Services but I Lived in Maryland Before, Where Should I File?

Source: Maryland State Law Library (MSLL)

 Last legal review 01/18/08 (PLL/M.A.J.)