kcstasia said:
I lived in Wash DC for 2 yrs. My husband and I separated 2/2/2001. I sold and moved from our DC house on July 29 and now am temporarily staying w/ friends in MD. I still have my DC driver's license and car registration. Can I still claim that I am a "bona fide resident" of DC for purposes of filing for divorce in DC? Thanks.
My response:
The District of Columbia requires that you have been a resident for at least the past 6 months, and have lived "separate and apart" for 1 year before you can Petition for Dissolution of your marriage.
Maryland, on the other hand, requires 1 year of residency, and 2 years of living "separate and apart" before you can use their laws for Dissolution.
But, right now, and in terms of "residency" you are in "Limbo", as you are not a bonifide resident of either D.C. or Maryland. Your license is NOT the dispositive factor of residency, and it can be proved that you haven't lived in D.C. for more than 6 months; e.g., there are no utility bills in your name for the past 6 months in D.C.
All because you're in violation of the Motor Vehicle laws of the State of Maryland, doesn't mean that you can utilize that fact for D.C. - - you need to get a new driver's license.
Therefore, you couldn't file a Petition on your own right now if you wanted to. Your husband, however, could file in D.C. right now if he wanted to, and that's where your divorce would take place.
Good luck to you.
IAAL
