In Carroll County Maryland we freely cross over the Pennsylvania border to work everyday. Sometimes Pennsylvania residents cross into Maryland to work, see friends shop, and yes sometimes to commit adultery in Taneytown, Union Bridge, Keymar and Westminster.
In a Maryland divorce the residency requirement can be trumped or negated by the commission of adultery. If a spouse against whom a divorce is sought has committed adultery in Westminster Maryland, the divorce can be brought against him (or her) even if the spouse does not ordinarily reside in Carroll County Maryland.
The legal principle for this is provided by the Maryland family law code section….it is similar to the the legal principle by which a non resident of Maryland can be sued in a Westminster Maryland court for an auto accident. If a Pennsylvania driver collided with a another vehicle on a Maryland road in Taneytown, the driver can be sued in Maryland court even though he/she does not reside here. An auto accident is one of a family of lawsuits called torts. A “tortfeasor” (such as the driver) can be sued where the situs of the tort occurred. In the foregoing example the situs of the tort is Taneytown, Carroll County Maryland where the accident took place.
In a similar way, if if a spouse from another state commits adultery with a person in Union Bridge Maryland there may be Maryland jurisdiction over that offending spouse even though he/she is not normally normally a resident of Maryland. Now that does not mean a person who is a resident of Carroll County or anywhere in Maryland can have impunity from from a Maryland divorce for a sexual act in Nevada. The resident state of the adulterous spouse is always an alternate jurisdiction for divorce. Thus what happens in Vegas may not always stay in vegas. It may go to Circuit Court Divorce Court in Westminster, Maryland.
Tim Conlon Esquire at
322 West Patrick St, #101 Frederick Maryland 21701