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Moving before divorce proceedings start

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  • 09-19-2006, 09:34 AM
    almost_divorced
    Moving before divorce proceedings start
    hey all.. i'm in maryland. I am "almost" at the required separation period of 1 year (coming up in a month). As far as assets, we have none, everything has been taken care of (split), and no kids, and sep. agreement is already drawn up and signed by both parties. cut and dry...just want it over with.

    My question is this, can I still file within the state of MD if I am out of state? i've lived in MD all my life...so residency is not an issue. My lawyer says I cannot file any papers or do anything until the 1 year voluntary separation period is met.

    Anyone in maryland with any hints, i'd greatly appreciate it! thanks
  • 09-19-2006, 10:14 AM
    aaron
    Re: Moving before divorce proceedings start
    What do you mean by "out of state"? Have you moved, or are you talking about having your lawyer file while you're on vacation?

    Is your estranged spouse still in Maryland? If so, even having moved to a different state, you would likely be able to file in the spouse's county of residence.
  • 09-19-2006, 10:34 AM
    almost_divorced
    Re: Moving before divorce proceedings start
    Thanks for replying quickly.. by "out of state" I mean that within the next few weeks, I will be physically moving out of MD. Yes, estranged spouse is still currently residing in MD. That is indeed what I was thinking, that I would file in her county of residence.


    Is it correct that if I file first, I am the Plantiff, and she would be the defendant? My understanding is Maryland does not have the option for a "joint-petition" between the two parties as far as I know.


    My 2nd thought is I suppose I do have to show up for the master's hearing in that particular county (once filed, and a masters hearing date has been set)? I'm just concerned b/c i'm curious if i have to come back to MD for what i've heard is a short hearing.

    Again, thanks for any information!
  • 09-19-2006, 11:25 AM
    Mr. Knowitall
    Re: Moving before divorce proceedings start
    The person who files would be the plaintiff; practically speaking, it doesn't make much difference. The defendant often files a counter-complaint for divorce, making the plaintiff a "plaintiff/counter-defendant" and the defendant a "defendant/counter-plaintiff."

    However, as the plaintiff, you would be responsible to provide the necessary courtroom testimony to support your divorce petition. If you don't show up and your ex-wife isn't willing to cooperate and provide the necessary testimony, the court may dismiss your petition. So you should be prepared to travel to Maryland for necessary court hearings.
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