Legal Question in Family Law in Massachusetts
Hey,
I am a US citizen. I got married in UK. My husband has a work permit in UK but he is a Bangladeshi Citizen. How can I file a divorce without going back to UK?
3 Answers from Attorneys
You can file for divorce where you live. You may not be able to get alimony or divide any property that is out of state but you can get divorced.
The issue is obtaining jurisdiction. If your spouse has spent 30 days in MA in the last 6 months you may be able to get jurisdiction for the divorce. Controlling is not where you got married but where you have lived as husband and wife and for what period.
You can file for divorce here, however if your husband challenges jurisdiction, you may have to go back to the UK. If he does not challenge jurisdiction, then you can complete the divorce here. Attorney Pransky is correct, if you do get divorced here you may have any award of property challenged in another court, if he simply allows the divorce by default.
Good Luck