Maryland Divorce Lawyer Blog
Maryland, like many states in the eastern U.S., is relatively small (ranking 42nd of 50 in land area,) meaning that anywhere in the state places you close to multiple other states. Montgomery County borders Virginia and the District of Columbia, and is less than 30 miles from West Virginia and Pennsylvania. (Other counties of Maryland border Delaware and sit less than 20 miles from New Jersey.) This means it is highly plausible that a Maryland divorce might involve one spouse who lives here and one who lives out of state. If you find yourself in that position, resolving the issue of the court’s personal jurisdiction over your spouse may represent a key component in getting the divorce you need. An experienced Maryland divorce lawyer can provide essential knowledge, advice, and strategies if you are pursuing a divorce here that presents potential jurisdictional issues.
While not a Maryland case, a recent divorce dispute touches on that question of personal jurisdiction.
The couple at the center of the litigation married in Connecticut in 1982. For several decades, the pair lived together in Nebraska. In 2018, the wife moved to Colorado to assist the couple’s adult daughter during her pregnancy. Over the next few years, the couple bought three homes in the Denver area, one of which served as the wife’s residence.
In April 2022, the wife filed for divorce in Colorado. The same day, the husband filed for divorce in Nebraska. The husband asked a Colorado judge to throw out the wife’s filing because the courts in that state did not have jurisdiction over him.
The Colorado Supreme Court declared that Colorado courts can only exercise jurisdiction over individuals who are “domiciled” in Colorado, which the law defines as “the place one actually resides and intends to remain permanently or for an indefinite amount of time.” The court determined that the facts of the case plainly demonstrated that the husband “actually resided” and “intended to remain… for an indefinite amount of time” at his residence in Omaha, Nebraska. This meant Colorado courts did not have jurisdiction to dissolve his marriage.
Methods for Ensuring Personal Jurisdiction
As noted above, geography plays an important role in divorce actions for some folks living in Maryland. If you live here, your spouse lives out-of-state, and you want a Maryland divorce, there are ways to ensure that the court where you filed has what’s called “personal jurisdiction” over both you and your spouse. One is for your spouse to consent to the Maryland court’s jurisdiction. Several actions can potentially constitute consent. For example, if your spouse files an answer to your divorce petition with the circuit court, that participation in the case represents consent. Moreover, most forms of meaningfully litigating/participating in your Maryland case will amount to consent to the court’s jurisdiction.
Additionally, your spouse, despite living out-of-state, may have what’s called “sufficient minimum contacts” with this state to trigger the jurisdiction of the Maryland courts. If, for example, your spouse works in Maryland or regularly conducts business in Maryland, that would likely satisfy the requirement. Basically, anything that amounts to purposefully availing oneself “of the privilege of conducting activities within [Maryland and] thus invoking the benefits and protections of its laws” is adequate to meet the “sufficient minimum contacts” requirement and trigger personal jurisdiction.
This may sound like – and is – a lot of legal lingo. The vitally important takeaway is that potential personal jurisdiction issues can complicate a Maryland divorce. To ensure your case does not suffer from avoidable delay or dismissal, you need a skilled legal team on your side. The knowledgeable Maryland family law attorneys at Anthony A. Fatemi, LLC are here to help guide you and your case effectively and successfully through the divorce process, from petition to resolution. Contact us today at 301-519-2801 or via our online form to set up your consultation.