Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Do you happen to know whether the case was actually dismissed? Typically "stale" cases are dismissed for "want of prosecution". What that means is that after a certain period of time that nothing happens in a case, such as hearings, filings, etc... then the case is "stale" and put on a "dismissal docket". If the hearing for the dismissal comes up and no one contests the dismissal, the court will dismiss it.
IF the case is still "active" (it has not been dismissed for want of prosecution) then you could continue with the case.
However, I would frankly be surprised if the case was still active. Every court that I know has a process of rolling stale cases into the dismissal docket to get them off the books.
The reason is that judges and courts are actually graded on the speed of the docket, which takes every case into consideration. A really old case would drag down that average.
Again, IF it is still active, in that it has not been dismissed, you can just pick up where you left off.
But if it has been dismissed, and it has been more than 30 days since it was dismissed, then it would be too late to file a "motion to vacate" the dismissal, and the dismissal would be final. A motion to vacate a dismissal would have to be filed within 30 days of the dismissal being entered.
If the dismissal is final, the court actually has no jurisdiction (authority) to reopen the case, and if it were to do so, the divorce would not be legally be valid. Even though a court would enter a divorce decree, doing so without authority would mean you would still be married (which if you're getting a divorce is not something that you would want).
In that instance, you could file either in Maryland or Georgia (it would probably be your state if you were to file, because of the convenience).
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).