Articles Tagged with civil proceeding

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Divorce is a civil proceeding and therefore like all civil proceedings, the action shall be brought in the county or city where the Defendant (opposing spouse) resides, carries on a regular business, is employed, or habitually engages.

However, unlike other civil proceedings, a divorce proceeding may additionally be filed where the Plaintiff (spouse filing for the divorce) resides. In addition, civil actions regarding custody may be filed where the father, alleged father, mother or child resides. Maryland Code, Courts and Judicial Proceedings, 6-202.

Although this may seem like a simple concept, filing in the wrong county/city, may subject your case to removal to another county upon a motion because of “inappropriate venue.” This may, and most likely will, cause a delay to your proceeding and will cause you to incur additional attorney fees. Additionally, you should keep in mind that if the grounds for divorce occur in Maryland, one of the parties must be a domiciliary of Maryland and if the grounds for divorce occur outside of Maryland, one of the parties must have resided in Maryland for at least one year prior to the filing of the action for divorce. Maryland Code, Family Law, 7-101.
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