Legal Question in Family Law in Massachusetts

In 2002 because of not having enough money to file for divorce in the State of Massachusetts, I obtained a proxy uncontested divorce in Calpulalpan, Mexico. My husband did not contest this and knew I had done it. Because of other issues, however, we have been living in the same house, but not as man and wife, as roommates. I know would like to move on and get married again. I need to know if this divorce is legal in the State of Massachusetts.


Asked on 6/18/10, 4:38 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

with proper notice to the spouse, and knowing nothing else, it is probably legal.

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Answered on 6/20/10, 8:19 am
Alan Pransky Law Office of Alan J. Pransky

I disagree with Attorney Lebensbaum. This divorce is not valid. Mexico had no jurisdiction over the husband or the marriage. Even if the husband participated in the divorce, Massachusetts does not have to recognize it. You must file either an action for divorce or an action to recognize the Mexican divorce. I believe that eventually you will have to file an action for divorce in Massachusetts.

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Answered on 6/20/10, 8:49 am


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