A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Maryland, to file for divorce, at least one of the spouses must have been a resident of the state for a minimum of one year before filing if the grounds for the divorce occurred outside of Maryland. If the grounds for divorce occurred within Maryland, there is no duration of residency requirement as long as one of the spouses is a resident of the state at the time of filing. The divorce must be filed in the county where either spouse resides. If the spouses have minor children together, additional considerations regarding custody and support may affect the proceedings, but the residency requirement for filing remains consistent. These requirements are outlined in the Maryland Family Law Code, which provides the legal framework for divorce and other domestic relations matters in the state.