Legal Question in Family Law in Massachusetts

My ex-wife and I are from Bosnia. We fled as refugees to MA in 1999. In 2000 she went back to Sarajevo for the summer to obtain a divorce. I acknowledged and signed the divorce papers. We lived as roommates for 7 years until our children graduated high school. We have physically lived apart since 2006. In Spring 2009 I received a notice of her intent to sue for divorce and alimon. In the mean time she came into my house an stole the original divorce paper. I hired an attorney who seemed to think there would be no problem. We had the court date with the judge who said he thought he didn't have jurisdiction over this case but temporarily awarded weekly alimony until I could get another original divorce document from Sarajevo. I now have the document but now my lawyer seems to think there may be a problem and the divorce would not be deemed valid in MA. The original documents have not yet gotten to the judge. I am hoping the case is dismissed but my ex and her lawyers are stating they believe the document to be invalid since both parties were not in attendance. However, in Bosnia only one party needs to be present as long as the other party acknowledges and signs. We are in fact divorced in my country. What are my rights here in MA? How can the court system allow someone to come after an ex 10 years after an original divorce? Any adivce is welcomed and appreciated.


Asked on 11/04/09, 2:02 pm

1 Answer from Attorneys

You may need to get the Divorce in a form called Apostile as a judgment. Since your wife was the only one in attendance at the divorce and that is valid under Bosnian law; she can't argue fraud or invalidity if Bosnian Law allows for same. Under international conventions, the US and the Commonwealth of Massachusetts is required to follow the judgment of the Bosnian Court.

However, if the judgment did not waive alimony specifically that may be the problem here. It is one thing if alimony was not awarded another if it was foreclosed permanently.

Good Luck

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Answered on 11/09/09, 2:51 pm


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