Legal Question in Family Law in Massachusetts
Divorcing and moving
I want to start divorce proceedings as soon as possible. My wife and I have already divided all property between us and we agree on the terms of separation. The problem is, I will be moving out of state very soon and she still has not returned the documents to me (including signed agreement and original marriage cert.) How should I proceed if I have to move out of state? Should I still file in MA? Should I file on my own? Any suggestions will be appreciated.
2 Answers from Attorneys
Re: Divorcing and moving
It is unlikely there would be jurisdiction to file a divorce in the state to which you are moving. Present your wife with a completed Joint Petition for mutually agreeable divorce (obtain form from Probate Court in County where you reside) and ask her to return the signed agreement to be filed with it. If that fails, retain an attorney to file a Complaint for Divorce and have her served.
Re: Divorcing and moving
It is unlikely the new state would have jurisdiction, so I would file here. You and your wife should file a joint petition and have your separation agreement reviewed by an attorney, signed and filed with court as soon thereafter as follows.
If you need further assistance please do not hesitate to contact me.
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