Legal Question in Family Law in Massachusetts

Re: Married in India and want divorce in USA

In order for the MA probate courts to have jurisdiction over your divorce, one of the parties must have lived in MA for at least the last 6 months. Since you've been here since 2005, you can certainly file for divorce here in MA.

I am just about to complete a divorce between two individuals married in India and there are other legal questions to consider. Feel free to contact me for more information or for a consultation.

Re: Married in India and want divorce in USA

You can seek a divorce in Massachusetts. You may have difficulty obtaining proper service of original process, however. It may be possible to obtain an order granting service by publication, but the publication would have to be in an Indian newspaper. You know better than I what effects would be caused to your family and hers by a newspaper legal notice declaring that you want a divorce.

Re: Married in India and want divorce in USA

Yes, you can get a divorce here. I do have one question, did she return to India April 2007 or April 2008?

The longer you and your wife lived here the stronger the jurisdiction of the MA courts. While you can obtain jurisdiction here based on how long you have lived here, the issue of residence of both parties becomes an issue if your wife files for divorce in India.

I have handled international divorces in the past, and would be willing to assist you in this one, if you do need assistance.