divorce is pending can this person stop the divorce proceedings in pennsylvania and file a new divorce in maryland ( this person is in in the military)
2006-11-01 08:31:17 · 7 answers · asked by junetwin2 2 in Family & Relationships ➔ Marriage & Divorce
Does this person in the military have a permanent address somewhere else? The person needs to be living in that state for the 6 months prior to the divorce. However, that may not be the law in your state. Consider having a free consultation with a family law attorney in your current state.
2006-11-01 09:09:33 · answer #1 · answered by rdnkchic2003 4 · 0⤊ 0⤋
Maryland Filing Requirements: In order to file for a divorce in Maryland, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
There is a 1 year requirement if the grounds for the divorce occurred outside the state of Maryland, otherwise if either spouse is a resident of the state of Maryland, he or she may file in the county in which either spouse resides. If you are filing for divorce under the grounds of insanity, the residency requirement is increased to 2 years. (Maryland Code - Family Law Chapter - Section: 7-103)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in Maryland for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Maryland.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
2006-11-01 16:36:44 · answer #2 · answered by David W 3 · 0⤊ 0⤋
Most states require that you were either married in that state or have resided in that state for a period of 1 - 2 years before your divorce can be filed in that state. I would continue with the proceedings where they are. It could take years if you try to start over.
2006-11-01 16:34:00 · answer #3 · answered by Christina 4 · 0⤊ 0⤋
Yeah, if you want a divorce quicker keep it in the first state.. But you have to be resident of the your new state 6 months, so whichever you want faster.
2006-11-01 17:08:41 · answer #4 · answered by Nicki 6 · 0⤊ 0⤋
why would you want to stop and start again? Just put in a change of address.
2006-11-01 16:33:08 · answer #5 · answered by Violet Pearl 7 · 0⤊ 0⤋
is one of you still live in Pennsylvania
but for further info you should ask your lawyer
since thing alread started in Penn maybe it will cheaper it stay there
GoodLcuk
2006-11-01 16:36:55 · answer #6 · answered by waiting for baby 6 · 0⤊ 0⤋
Why you don't get attorney to represent you and finish the story.
2006-11-01 16:34:08 · answer #7 · answered by Toto 6 · 0⤊ 0⤋