Legal Question in Family Law in Virginia
filing in a different state
I live in MD husband is in Iraq not lived in MD a year,can I file in MD or do I need to file where we both lived before I cane to MD? I have lived in Va longer than I lived in the state were we both lived together. I have been seperated from him for over a year moved to Va then came to MD 5 months ago.So does it matter who files first and if I am in MD do I file here or go back to VA file or do I have to go were we were both together an lived 6? months
1 Answer from Attorneys
Re: filing in a different state
Once you have met the Maryland residency requirements for divorce, you can file your divorce action in that state.(And, no, you do not "play musical chairs", so to speak, with juridictions by going back to previous places where you resided either alone or with your husband as you've suggested.) However, if your husband is on deployment in Iraq and wishes to oppose it, he can very likely utilize the remedies afforded active duty members of the military under the Servicemembers Civil Relief Act to forestall any action on your divorce until he returns to the United States.
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