Legal Question in Family Law in Massachusetts

divorce

I'm a married international graduate student, who came to the US on 2001. Later my wife and son join my student visa status around 2003. I ran out of money and I had to go back to my country in 2005. She refused to follow me, and she stayed illegal in this country. I sued divorced in my country, and her lawyer didn't appear.

Now, I came back to finish my master degree, and I found out she got divorced arguing as a causal of action that she's been a bona fide resident of the state for more than one year next proceeding the commencement of the action of divorce.

It's easy to prove she hasn't been a bona fide resident, because I have all my I20 forms, a divorce case in my country.

I would like to know which steps I should take in order to void this final decision of divorce?Also I would like to know liabilities of her attorneys?

I think it's important to mention that we were together in MA at that time, and the divorce was sued in NJ.


Asked on 1/11/09, 1:40 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: divorce

I am confused about something here. You each have a divorce decree. What are you after here?

You also confuse legality of immigration status with residence for divorce jurisdiction and venue. If she was in New Jersey, she was a resident for divorce purposes. Her immigration status does not change that.

Again, exactly what is the point? Pure revenge? Hope that you will somehow benefit by turning in an illegal alien who has hurt you? Please examine your motives.

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Answered on 1/11/09, 2:50 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: divorce

You can get an attorney to review these and seek relief from judgment from the court. There may be an issue of service.

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Answered on 1/19/09, 5:34 pm


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