Legal Question in Family Law in Maryland

Divorce

I am involved in a divorce in Maryland my wife lives in montgomery county and I am i Carroll county. She has served divorce papers from the Circut court in Prince Georges County she does not or did ever reside there nor have I as well as work or own a business in Prince Georges County MD laws states that you can only file for divorce in the county the plaintiff resides in or the county the defendant reides, works, or owns a business in. How can she file in Prince Georges County Circut Court when niether of us have ever resided worked or owned a Business in Prince Georges County


Asked on 11/27/05, 9:14 pm

1 Answer from Attorneys
Ranji Garrett Law Office of Ranji M. Garrett

Re: Divorce

You are correct that the proper venue for a divorce action is where the defendant resides, is employed or carries on a regular business, or where the plaintiff resides. From what you have written, it sounds as though your wife should have filed in either Carroll County or Montgomery County. However, the Prince George's County Court will not, on its own, review the divorce complaint and determine that the complaint should have been filed somewhere else (at least the Court won't do this at the initial stages of the case). If you believe the complaint was filed in the wrong county, you or your attorney should file a motion asking that the case be dismissed so that it can be filed in the proper venue.

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 11/28/05, 10:03 am


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