Where can I file for divorce? -- Jurisdiction: WV, VA, PA, MD

This is a discussion on Where can I file for divorce? -- Jurisdiction: WV, VA, PA, MD within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I was married in PA while I lived in VA. My ex and I last lived together in WV (where ...

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Old Feb 24th, 2011, 08:02 AM   #1
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Default Where can I file for divorce? -- Jurisdiction: WV, VA, PA, MD

I was married in PA while I lived in VA. My ex and I last lived together in WV (where we resided for 6 years). When I left him, I moved to Maryland and he moved back to Virginia. We have each lived in those states for over a year now. With each state being different I am beyond confused as to where I can and should file for divorce. I wanted to go with Maryland, but from what I read I don't know that I can. Can anyone help?
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Old Feb 28th, 2011, 06:17 AM   #2
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Default Re: Where can I file for divorce? -- Jurisdiction: WV, VA, PA, MD

From the facts it could understand that you and your ex separated while you were living in WV. If that be so, it seems that you can file a Divorce petition in Maryland because Maryland divorce law states that if the grounds for divorce occurred outside of Maryland , one of the spouses must have been a resident of Maryland for at least one year before filing for divorce. Here after separation you were living in Maryland for more than one year. So you have fulfilled the residency requirement in Maryland for filing a divorce petition. It is better advised that you may consult with a Divorce Attorney who can give a proper guidance in this regard.
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Old Feb 24th, 2012, 06:40 PM   #3
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Default Re: Where can I file for divorce? -- Jurisdiction: WV, VA, PA, MD

I have a similar question. I was married in VA, but last resided together in Maryland. When I left my husband, I moved to VA. I have lived here 6 months, and established residency. However, an attorney I spoke with says I cannot get a divorce in VA because the jurisdiction over the divorce is in the last place we lived together: MD. I would like to file for divorce here in VA, especially since it is where I live now, and is where we were married. Am I slave to getting a divorce in Maryland only?
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Old Feb 25th, 2012, 03:17 PM   #4
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Default Re: Where can I file for divorce? -- Jurisdiction: WV, VA, PA, MD

No. You may file for divorce in any state in which you meet the residency requirements. A local divorce lawyer in your county can confirm that.
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Old Mar 10th, 2016, 06:32 AM   #5
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Similar ? Was married in md but have lived in wv our entire relationship where do we file for divorce
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Old Mar 10th, 2016, 12:50 PM   #6
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Similar ? Was married in md but have lived in wv our entire relationship where do we file for divorce
As with any court action it must be filed in the court that has jurisdiction over one of you. You would file in the county court where you live, assuming you have lived there more than six months.
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Old Mar 11th, 2016, 02:07 AM   #7
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Default Re: Where can I file for divorce? -- Jurisdiction: WV, VA, PA, MD

As Smartchick noted, most states require 6 months to establish residency however there are states that use differing criteria. Consult the law for your particular state.
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