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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33781
Experience:  Attorney with 15 years experience
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I filed divorce in the state of md 1-dec 2014 My husband

Customer Question

I filed for a divorce in the state of md 1-dec 2014
My husband was never serve no court date set
It expired after 90 days
And that fact they we had relations during that time means I can no longer use an absolute divorce. He is not a md resident and in the army stationed in Co currently tdy in germany until sept
I am a md resident. And have decided this is too much right now and I may move to another state. He may have signed something agreeing to keep jurisdiction in md with his attorney Im not certain uncertain. I was told that he cant file on his own or have attorney file because he is not a md resident only i am
Is this true? Is there any loop hole where he could try to file himself since i started the process but it never went anywhere? I was told he would have to wait until he returns and file in Co or his home of record that he cannot file here and would have to find another
attorney for that state or the State that I file in. Is this true
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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""I was told that he cant file on his own or have attorney file because he is not a md resident only i am. Is this true?""
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This is not correct. There is a 1 year requirement if the grounds for the divorce occurred outside the state of Maryland, otherwise if EITHER spouse is a resident of the state of Maryland, he or she may file in the county in which either spouse resides. If you are filing for divorce under the grounds of insanity, the residency requirement is increased to 2 years. (Maryland Code - Family Law Chapter - Section: 7-103)
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So since you are a resident of MD, he can file in MD in the county where you live to pursue the divorce if he chooses.
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"" Is there any loop hole where he could try to file himself since i started the process but it never went anywhere?""
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He would have to file his own divorce petition and can't "piggyback" on yours since it has expired due to inactivity.
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thanks
Barrister
Customer: replied 1 year ago.
Even if i move from the state of md
Expert:  Barrister replied 1 year ago.
Yes, until you legally establish residency somewhere else, he can file there because you are still a legal resident until that is done. Typically this takes 90 days up to a year, depending on the state you move to to establish residency.
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thanks
Barrister

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