Legal Question in Family Law in Massachusetts
I got married in Massachusetts. Me and my husband have been living in Europe but in different countries, I have been living in Spain, he has been living in France for the past 10 years. Our marriage was never legalized in Europe. Can we get divorced without legalizing our marriage here? Can it be done from here?
2 Answers from Attorneys
I am not sure what you mean by never legalized your marriage in Europe. If you were legally married in Massachusetts, then under a variety of treaties your marriage is valid in both France and Spain.
Generally, the parties have had to live together in the same country or state (in the USA) for a period of time for that jurisdiction to have legal jurisdiction.
You need to check with a French Attorney, but if you both argee to the French Courts jurisdiction you can probably get a divorce there. If one or both of you (assuming you are both american citizens) have the same US state as your legal residence for tax purposes, you can get a divorce in that state.
If one of you is a Massachusetts resident for tax purposes and the other consents thereto, then Massachusetts can take jurisdiction.
If you like you could both sign an ante-nuptual agreement (post marriage equivalent of a pre-nup) and agree to a jurisdiction such as Massachusetts.
Thank you for your question.
If you are looking to get divorced in a specific country in Europe, you really need to consult with an attorney who practices in that country. My guess is that Spain will recognize your valid Massachusetts marriage, and you will need to speak with a Spanish attorney about how to file for divorce there. If one of you lives in Massachusetts, you may be able to get divorced here in Massachusetts.