Recommendation: If a person who lives in Maryland wants to take advantage of the divorce laws of another state or country, they should consult an attorney both in Maryland and in the state or country in which they may have the option of filing a divorce in, concerning the legal consequences of such a strategy.

If a couple obtains a divorce outside of Maryland, Maryland will recognize the divorce if the divorce was issued by a court that had the authority to do so and the divorce was granted legally. However, there are some limitations. Maryland may consider a divorce invalid if either party is denied due process of law, if the spouse filing for divorce had not established residence in the state or country issuing the divorce, or if the divorce was obtained by fraud. The divorce may also be considered invalid if the court granting the divorce does not have jurisdiction over both spouses.

For a court to have jurisdiction over someone (“personal jurisdiction”) means that the court has the legal authority and power to hear and make decisions regarding a case involving that person. To establish personal jurisdiction, the court typically considers factors such as the person’s physical presence within the court's geographical jurisdiction, residence or domicile in that jurisdiction, or consent to the court's authority through legal agreements or contracts.

Even if another state or country grants a divorce, a court in Maryland can make decisions regarding the married couple’s property if one of the spouses lives in Maryland when the divorce proceeding begins. If one of the spouses lives in Maryland, the court that granted the divorce may lack jurisdiction over that spouse or the marital property. If children are involved, and the divorce judgment determines custody, the court may also lack jurisdiction over the children. 
 

Read the law: Md. Code, Family Law § 8-212

Similar to decisions regarding property, Maryland courts can award alimony in cases where a divorce has been granted by a court in another jurisdiction. Maryland courts can only award alimony if the court in the other jurisdiction lacked personal jurisdiction over the spouse seeking alimony and if the spouse has lived in Maryland for at least 1 year before the divorce was granted.

Read the law: Md. Code, Family Law § 11-105

A divorce obtained in another country may be a valid termination of the marriage contract, but a party may find it difficult to have the terms enforced in Maryland. A party should discuss with an attorney any issues regarding a divorce obtained outside the United States.