Legal Question in Family Law in Massachusetts
out of state
If my husband and I have been seperated for 8 months - and he lives in another state, can he file for divorce in that state? He tried to file here before he left, but I have not allowed them to serve me.
2 Answers from Attorneys
Re: out of state
This really depends on the law of the other state. Massachusetts law only governs divorces begun in Massachusetts in terms of the requirements to begin a divorce. If the other state allows it, he can start it. You might have been better off to let him serve you in Mass. He will eventually be able to start a divorce there, and then you will be stuck dealing with a distant court. Unless you enjoy spending your own money travelling to his court, you might make a deal with him to accept service if he divorces you here. That is, if you think a divorce is inevitable.
Re: out of state
I agree with Aaron. The issue you did not discuss is if there is property in Massachusetts and the type, and if there are children, and where they live.
Answering these will better assist in dealing with your issue.
Feel free to contact me.
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