Legal Question in Family Law in Massachusetts

Re: Out of country divorce

Your marriage will not be automatically terminated or annuled only by virtue of him having left the country.

You will have to file for divorce or annulment with the family court before you can get re-married. (It is still possible to get divorced/have the marriage annuled even if he is out of the country).

Feel free to contact me if you have any further questions or need any assistance with the divorce/annulment process.

Good Luck!

Re: Out of country divorce

Yes, you still need to get divorced before you remarry and wait a short period of time prior to remarriage. After filing your complaint you may file a motion for alternative service (i.e. publish notice in the Newspapeer).

Although, he is out of the country, this may satisfy the notice requirement, based on the fact he deserted you and he is out of the country.

When you file your complaint for divorce, you will execute it with the reasons why and the fact that he has left the country.

You said you married in the U.S., was it in Massachusetts and/or did he leave you while you were residing in the Commonwealth of Massachusetts? You may have to satisfy one of these requirements in order to obtain a divorce in Massachusetts.

See below requirements in order to obtain a divorce in Massachusetts:

Chapter 208: Section 4. Domicile of parties

Section 4. A divorce shall not, except as provided in the following section, be adjudged if the parties have never lived together as husband and wife in this commonwealth; nor for a cause which occurred in another jurisdiction, unless before such cause occurred the parties had lived together as husband and wife in this commonwealth, and one of them lived in this commonwealth at the time when the cause occurred.

Do you have evidence that he has left the country?

Are there any assets involved?

Are there any children involved?

Please review Massachusetts General Laws Chapter 208 and respective sections. Below I have pasted the section on desertion.

Chapter 208: Section 22. Desertion; proof

Section 22. In order to establish grounds for divorce for desertion, the plaintiff shall establish that the defendant left voluntarily and without justification and with intent not to return, that at the time such defendant left, the plaintiff did not consent thereto, and that the defendant failed to cohabit with the plaintiff for at least one year next prior to the date of the filing of the action. An action for divorce for desertion shall not be defeated by a temporary return or other act of the defendant if the court finds that such return or other act was not made or done in good faith, but with intent to defeat such action. The prior filing of an action for divorce or separate support shall not be deemed to raise a conclusive presumption to defeat an action for divorce for desertion.

Please feel free to email me with further information at [email protected] or telephone me at the number provided under my profile.

If you are interested, I give a free initial consult.

Sincerely, Maria Murber

Re: Out of country divorce

You have to file for Divorce. You have to serve your husband but can ask to do so by use of Alternative Service, i.e publication.

You will have to satisfy Massachusetts jurisdiction, such as you were married here or you both lived here before he left you.

Please feel free to contact me if you have more questions.