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pending divorce Maryland

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  • pending divorce Maryland

    ok here goes, couple lives in wisconsin, they get married in wisconsin. They move to Penn. ( he is in the military ) she decides to leave, then he is stationed in Maryland, he files for divorce in MD. she has been contesting the divorce, but now has decided to move back to wisconsin , with there youngest child. Can he stop the pending divorce in MD and file a new one in wisconsin? since he is still a legal resident of wisconsin and he is the one who filed the divorce?

  • #2
    Well, which is it? Did the husband file for divorce in MD or PA? Short answer, he cannot just continuously file and dismiss a divorce in every state he has ever stepped foot in. File for divorce in the state of residence and see it through. If she has left the state with the child, the husband needs to file in court to force her to return the child.

    www.laborlawtalk.com/showthread.php?t=161619
    Last edited by mommyof4; 10-31-2006, 05:33 AM.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      --------------------------------------------------------------------------------

      Well, which is it? Did the husband file for divorce in MD or PA? Short answer, he cannot just continuously file and dismiss a divorce in every state he has ever stepped foot in. File for divorce in the state of residence and see it through. If she has left the state with the child, the husband needs to file in court to force her to return the child.


      First of all why the rude answer? sorry but he did not file divorce in every state he ever stepped foot in like you wrote.I didnt know which state he filed the divorce in that is why I asked about both states. He is good kind hearted person, she walked out on him cause she wanted to fool around. All I know is that they were married in wisconsin and he is a legal resident of wisconsin.

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      • #4
        I asked that way, because you posted the same question multiple times with different information.

        If he is a legal resident of WI, he needs to file for divorce in WI. As he is in the military (at least, I am assuming he still is) he can go to his military legal dept for assistance.

        I am more concerned about her taking the child. Does he know where the wife took the child?
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          ok I just re-read my first thread, and I should have written I think he filed for divorce in MD but I am not sure it may have been in Penn.

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          • #6
            sorry about that , yes he knows that she has the child, she does have custody , he pays support and yes he knows that she is moving back to wisconsin with the child.

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            • #7
              Has he agreed to allow her to move with the child? (not just been informed of the fact)And if necessary, does she have the courts consent to move with the child? IF he does not agree, then he does have the right to force her to return the child. He can't stop her from moving, but he can stop her from taking his child away...even if she has sole custody.
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment


              • #8
                ok another question , can he legally stop a pending divorce and file a new divorce in wisconsin (where is a legal resident)?

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                • #9
                  yes he has agreed to let her move, but if she has the courts consent that I do not know.

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                  • #10
                    That...I'm not sure of. If I find the answer I will let you know.

                    Let me ask, though...why would it matter? Even if she is contesting the divorce, she has given ample grounds for it to be granted, with or whitout her consent. (adultery, desertion)

                    In order for him to be able to file for divorce in MD, he has to be a legal resident of at least one year. If he has not been, the divorce proceedings will not be allowed or will be dismissed. In that case, he can file in WI (as MD laws disallow the divorce proceedings based on residency).

                    So I guess the real question comes down to....does he even meet the legal requirements to file for divorce in MD?
                    HOOK 'EM HORNS!!!
                    How do you catch a very rare rabbit?
                    (unique up on him)
                    How do catch an ordinary rabbit?
                    (same way)

                    Comment


                    • #11
                      Originally posted by junetwin2 View Post
                      yes he has agreed to let her move, but if she has the courts consent that I do not know.
                      Okay, if he has agreed, there is really no reason to take this issue to court.
                      HOOK 'EM HORNS!!!
                      How do you catch a very rare rabbit?
                      (unique up on him)
                      How do catch an ordinary rabbit?
                      (same way)

                      Comment

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