Legal Question in Family Law in Maryland
divorce
I have filed legal seperation papers in the
state of Maryland (9/06). I now reside in
the state of New York. How do I file for
divorce after the 12 month separation
period is over? Do I file in MD or NY?
2 Answers from Attorneys
Re: divorce
If you actually filed court papers in 9/06, you amend your complaint after the year of separation (assuming it was mutual and voluntary) is up, asking for an absolute (final) divorce. If instead you just made an agreement with your ex, and you are now a permanent NY resident, you can file for divorce in NY if you meet the residency requirements, or in whatever state in which your ex resides.
Re: divorce
I assume you filed for a limited divorce in September. You would need to file an amended complaint for divorce stating the grounds for absolute divorce, presumably voluntary separation for one year. You would need to file in Maryland.