I was married in Maryland but after separation have relocated to Virginia. My spouse still lives in Maryland. We have been separated for over a year. Which state do I file in?
You can file for divorce in any state where one of the parties has legal residency, so in your case either Virginia or Maryland. It has absolutely nothing to do with where you were married, although this is a common misperception. You must meet the residency requirements of that state. In Virginia, you must be a resident for six months before filing. However, if the other party has no connection to that state, they can demand that it be transferred to the state of last marital residence.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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