Maryland Residency Requirements for Filing for Divorce

If you are considering parting ways with your spouse, you may be wondering what the Maryland divorce residency requirements are. Although Maryland allows for no-fault divorce — which means that you do not need to prove anyone was at fault for the marriage ending — there are still a number of legal criteria that must be met before a judge will grant a dissolution of marriage. It is crucial to be aware of the requirements in place regarding residency before you file for divorce, regardless of whether your case is an uncontested or contested matter.

What are the Maryland Divorce Residency Requirements?

You are eligible to file for divorce in Maryland if either you or your spouse is a resident of the state. In the event the grounds for divorce occurred outside Maryland, either you or your spouse must have been a resident for at least six months at the time of the divorce filing.

Unlike other states that specify you must file for divorce in the county in which you live, the Maryland divorce residency requirements apply to the whole state. As long as either spouse has resided in Maryland for a period of six months or more, the divorce action can be filed in any county where the defendant has lived or worked, or the last place that the parties lived together as husband and wife.

Additionally, for issues involving custody, parenting time, and child support, your children’s home state must have been Maryland for a period of at least six months.

How to Prove Where You Live to Satisfy the Maryland Divorce Residency Requirements

When filing for divorce, you will need to prove that you satisfy the Maryland divorce residency requirements. You must also specify how long you have been a resident and include the address where you currently live in your divorce documents.

Courts will consider the following evidence of residency in a Maryland divorce:

• Voting registration — The place where you are registered to vote can help to support your claim of Maryland residency.
• Tax records — The state in which you pay your taxes can be used to demonstrate your residency.
• Mailing address — Where you receive your mail can be used to establish your place of residency.
• Location of your primary residence — The location of the house in which you primarily reside and where your belongings are kept is strongly indicative of your residency.
• Financial records — Residency can be shown through bank statements and other financial records that have your address on them.
• Driver’s license — If your current driver’s license has been issued by the state of Maryland, it can serve as proof that you live there.

If you have been a resident of Maryland only for a short time, it can be helpful to have a witness testify on your behalf concerning your residency in the state. Other evidence can include lease agreements, mortgage documents, utility bills, or a W-2 form.

Is There a Separation Requirement to Divorce?

If you satisfy the Maryland divorce residency requirements, you must also establish the ground upon which your divorce is based. While you do not need to prove marital fault to obtain a divorce, you must satisfy one of the following grounds:

• Six-month separation — There is no legal separation status in Maryland. However, to divorce based on the grounds of separation, you must show that you and your spouse have lived separately and apart continuously for at least six months prior to commencing the divorce action. You may still live in the same house as your spouse, but you must show that you live separate lives.
• Irreconcilable differences — When a divorce is based on irreconcilable differences, there are differences that cannot be resolved which make it impossible for the spouses to continue the marriage. This can also be a contested ground for divorce.
• Mutual consent — A divorce in Maryland can be based on mutual consent of the spouses. This requires signing a written agreement that resolves all issues related to custody, alimony, property division, and child support. This agreement can then be filed with the complaint for divorce.

While Maryland is no longer a fault-based state when it comes to divorce and the prior grounds of adultery, desertion, criminal conviction, insanity, cruelty, and excessively vicious conduct have been eliminated - any one of these can serve as a basis to support a claim of irreconcilable differences. The courts in Maryland are also required to consider the circumstances that have contributed to the breakdown of the marriage when determining alimony, division of marital property, and attorney’s fees, so these factual issues may still be relevant to your contested divorce.

Learn More About the Maryland Divorce Residency Requirements

If you have questions about the Maryland divorce residency requirements, it’s essential to consult with an experienced divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce lawyers are committed to providing you with the counsel and guidance you need through every step of the divorce process. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we will help you find a tailored solution for your specific situation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.