Can I Still Get This Divorce After I Move?

Question of the Day:

I am preparing to move to a new state for temporary work but possibly up to one year. My wife and I were married 20 years ago. We have been separated for 3 years. We want to get a simple divorce through a paralegal service but I am leaving the state where I live in 2 weeks. Can I still get this divorce after I move?  – John

Answer:

John: Each state has a residency requirement.  That means you have to live in that state for a certain period before you can file a complaint for divorce.  For example, it is one year in Maryland and six months in Maryland and Virginia.  You may be able to file in the state where you live now and complete the divorce after you move but you might have to return for a trial.  Remember, a Separation Agreement can give you almost everything a divorce can give you, except the right to remarry.  And there is no waiting period for a Separation Agreement.