Legal Question in Family Law in Massachusetts

Re: forigners married in the US

Since your spouse is in Canada you can file there or if you are moving to Mass and wait six months you can file over here. If neither one of you are contesting the divorce, the process will not be so stressful. Feel free to contact me when you move to Massachusetts if you have further questions or concerns, my initial consultation is free; and, these matters are easier to evaluate with documentation in hand. Sincerely, Maria Murber

Re: forigners married in the US

I apologize for my last reply, as I don't think I was fully awake; in any event, please see below M.G.L ch.208 section 5 as obtaining a divorce in Mass if the marriage did not take place here and, the cause did not occur here. The exception time gives 1 year threshold. Good luck!

CAUSES FOR DIVORCE

Chapter 208: Section 5 Exceptions

Section 5. If the plaintiff has lived in this commonwealth for one year last preceding the commencement of the action if the cause occurred without the commonwealth, or if the plaintiff is domiciled within the commonwealth at the time of the commencement of the action and the cause occurred within the commonwealth, a divorce may be adjudged for any cause allowed by law, unless it appears that the plaintiff has removed into this commonwealth for the purpose of obtaining a divorce.

Please feel free to contact me if you have any further questions or concerns. Sincerely, Maria Murber

Re: forigners married in the US

If the two of you are interested in as fast a divorce as possible, you would have to check out the alternatives. If she has lived in the same place in Canada long enough to file there, and you assent to the petition or complaint for divorce, that will be fastest. I have no idea what (South?) Korea's rules are for divorce, but as a practical matter, you both will be better off having the divorce heard in the US or Canada.

If you want to file in MA, you will have to live here a year before you can file. Other states have shorter time limits, and you can research them on the internet. You will have to file in the county you are living in at the time you file, although you can move around in MA during that year.