Legal Question in Family Law in Massachusetts

If you filed for divorce in India and he has been served and the India Court has accepted jurisdiciton and your living here is temporary; I would think the court would accept a Motion to Dismiss. You would need to have your attorney research the jurisdictional issues here and in India. I would suggest that you have your attorney here contact your legal counsel in India and detemine what orders you may want from the Court in India to support your motion to dismiss here. If the case is pending in India and has not been dismissed there, then I would think as long as that court retains jurisdiction and no motion to dismiss has been granted, then the Court here would be inclined to grant the motion to dismiss.

If you or your ex-husband are to return to India soon, that would also favor divorce in India as opposed to the US.

The issue will be which court will cede jurisdiction to the other and what assets may be reached for division by the relevant courts. Even if the US Court grants jurisdciton here, the issue will be if the court in India will cede jurisdiction to the US court over the assets of the marriage in India.

Good Luck.