Legal Question in Family Law in Massachusetts

can i be forced to divorce my spouse

my spouse filed for divorce and i counter filed. if i drop my counter and say i do not want to get divorced, can the judge still rule that i get divorced. we are at the stage where depos are to be heard and a trial date has been set. My spouse is a MA resident and I am a FL resident - it is a same sex marriage (recognized only in MA) and the divorce filings were filed in MA.


Asked on 3/04/08, 10:09 am

2 Answers from Attorneys
Jerome Aaron Law office of Jerome L. Aaron

Re: can i be forced to divorce my spouse

Yes - the judge can still rule that you will be divorced. You may drop your claim for divorce, but your partner still has a claim, and the judge can rule on that.

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Answered on 3/04/08, 10:13 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: can i be forced to divorce my spouse

As in all marriages, it takes two to make it and one to break it.

Where a claim would survive your action to vacate your counterclaim, the underlying claim will exist.

There are some states that will not permit spouses in a same sex marriage to divorce, Mass. is not one of them. If you spouse will also drop the action, then you will get your wish.

You are not being forced; you are being subjected to the rules of divorce.

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Answered on 3/04/08, 5:27 pm


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