PROVIDING HELPFUL RESOURCES FOR YOUR SEPARATION OR DIVORCE
   IN MONTGOMERY OR FREDERICK COUNTY, MARYLAND

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RESIDENCY REQUIREMENTS

   Spouses can obtain a DIVORCE IN Maryland if one of the spouses has resided in Maryland for at least one (1) year prior to the filing of a Complaint for divorce, or if the grounds for divorce occurred in the state of Maryland. For example, if adultery is your grounds for divorce and the adultery occurred in Maryland, you do not need to be a resident for one (1) year prior to filing for divorce.

   At least one (1) spouse must be a “BONA FIDE” RESIDENT of Maryland when the Complaint is filed. Thereafter, either spouse may change residences while still maintaining the divorce action in Maryland. Whether someone is a “bona fide” resident is determined by the person’s intent, which is best shown by where they live and vote.

   For persons in the MILITARY, Maryland has jurisdiction over a divorce action filed by a member of the military who has established a domicile in Maryland prior to entering the service, even if they have not lived in Maryland since that time. Once a member of the military establishes a valid domicile in Maryland, that individual’s domicile will continue in Maryland until that person intends to abandon Maryland as his or her domicile.

   Whether you can file for divorce in MONTGOMERY COUNTY is a matter of venue laws. Montgomery County is the proper venue to bring a divorce action if the defendant resides, carries on a regular business, is employed or habitually engages in a vocation in Montgomery County. In addition, a divorce action may be brought in Montgomery County if that is where the Plaintiff resides. An annulment action may be brought in any of the foregoing locations or where the marriage ceremony was performed.

   All divorce actions in Montgomery County must be brought in the CIRCUIT COURT of Maryland for Montgomery County located in the Montgomery County Judicial Center, 50 Maryland Avenue, Rockville, Maryland 20850.

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