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spectrometer33

Living Out of State Divorce

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My husband and I are from Delaware, but have moved to Maryland a year prior to the marriage. After relocating twice within Maryland over 2 years, I will be changing my residency. Meanwhile, after a year and a half of marriage, we are looking to divorce, and he is planning on moving back to Delaware. There is no animosity between us, and we have a signed post-nuptial agreement. Where do we file? We were married in Delaware. Also, do we require an attorney? We have separate assets and finances (almost like we were never married).

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7 minutes ago, spectrometer33 said:

Where do we file?

 

At the moment, the only place you can properly file is in Maryland because that's where you both live.  That one or both of you "plan" to move elsewhere at some undetermined point in the future doesn't change that.  If you want to wait until one or both of you moves and establishes residence in another state, then you can file somewhere else.  Keep in mind that, under Maryland law, a "no fault" divorce requires a minimum 12-month separation.  Delaware requires no such separation period, but one of you will have to live in DE for at least six months before filing, and it will take at least six months from the date of filing before the divorce can become final.  You can google "delaware divorce grounds" and "maryland divorce grounds" for more information.

 

 

9 minutes ago, spectrometer33 said:

We were married in Delaware.

 

Doesn't matter where you were married.

 

 

9 minutes ago, spectrometer33 said:

do we require an attorney?

 

We have no way of assessing either your or your husband's ability to handle a simple, uncontested divorce.

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