Legal Question in Family Law in Maryland
Domesticate?
I was recently granted a divorce in the State of Florida (where I reside) and a judgment was entered against my (ex) husband because he didn't respond to any of the hearings or requested documents. I was granted the right to sell the marital home (which he resides in) in Maryland, also where we were married and lived for 12 years together -however I was told I had to have the Florda divorce ''domesticated'' in the State of Md and passed by a Maryland judge, basically to redo the whole process in another state? - also the (ex) husband will have an additional time period to contest it (again). He refuses to allow anyone on the property or to agree to the sale of the property although he has been ruled against in that decision making process. I don't know a Maryland lawyer who could complete the domestication so I can initiate the sale of the marital home, can you help? - with a legal referral or advice? - my Florida attorney doesn't seem to be able to find an attorney in Maryland either that can take care of this, since the divorce was complete in May and he's still looking, thank you in advance for your help in this matter
3 Answers from Attorneys
Re: Domesticate?
The type of proceeding you will have to file here in MD depends on FL law and whether you obtained personal jurisdiction over your husband in the FL proceeding. You didn't indicate where in MD the property is located. I can either assist you or refer you to someone in the county where the property is.
Robert Sher
301 986-4555
Re: Domesticate?
The order will need to be enrolled in Maryland. Proper jurisdiction over the real property will need to be addressed during this process. It is possible that the Florida ruling will need to be re-heard as to specific aspects so as to be enforceable in Maryland. Based on the facts it appears that a forced sale is also likely. Seek legal assistance from a Maryland attorney.
Re: Domesticate?
You can enroll (domesticate) a foreign (out of state) divorce decree in Maryland. That is the easy part. You can get into all kinds of questions, i.e., did Florida had jurisdiction to dispose of Maryland property, if not what are your alternatives etc. You need to contact a Maryland attorney and follow his or her advice on how to proceed. You cannot reasonable expect to do this on your own or to get any substantial helpful information as a service such as this.