Legal Question in Family Law in Maryland

Interstate Divorce-who has jurisdiction

I (age 39) moved to Fl from MD 9 months ago after a 17 yr marriage. Shortly after my children age 17 and 15 flew for a visit and stayed with me. They are currently in school in Florida for the last 9 months. I filed for Divorce in Fl after the 6 month waiting period. My spouse is avoiding being served stating she has not actually been handed papers although her mother was served the papers in MD . She calls and states I cant divorce her if she doesnt have papers in her hand. She states MD has jurisdiction and she will not come to Fl for the divorce. Can I get a divorce in Fl or can she file AFTER I have filed and force me to divorce in MD? My now 18 yr old refuses to talk to her but my 15 yr old talks to her on occasion and is able to call her at will but often refuses. My wife states I must come to MD where she can use witnesses to say I am a bad parent and be in favor of her. I have sold the house with zero profit and she kept all contents and actually destroyed all our vehicles before I left. I did use my early retirement to re-establish a home for myself and children. My main concern is can I divorce in Fl and will I owe my retirement to her even though I did not actually retire & am no longer at that job?


Asked on 8/13/05, 10:25 pm

1 Answer from Attorneys
Alton Drew Alton Drew, LLC

Re: Interstate Divorce-who has jurisdiction

Your divorce filing may have a lot to do with not only where you were married but where your marital assets are as well as minimum contacts. You have been in Florida for nine months but spent 17 years as a married couple in Maryland. You say that the house was sold for zero profit and that she destroyed the vehicles. You also mentioned contents of the home that are now in her possession. It may expedite matters if you filed in Maryland especially since the one-year minimum period for separation is closing quickly.

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Answered on 8/15/05, 4:18 pm


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