Legal Question in Family Law in Massachusetts
I am planning to file for divorce.I live in Massachusetts. I moved from Rhode Island in Feb 07 when I left my wife and the house in which she still lives and we still co own and of which I pay all the bills. We have a 21 year old son who goes to college in Ct. but still lives with his mom when he is home. Can I file for divorce in Rhode Island or do I have to file in Mass?
3 Answers from Attorneys
It sounds like jurisdiction isin RI. Good Luck!
Each state has its own residency requirements for filing for divorce.
In Rhode Island, the plaintiff needs to have been a resident of the state for one year prior to filing the divorce.
In Massachusetts, one of the spouses must be a resident of the state of Massachusetts if the grounds for divorce occurred in Massachusetts. If the grounds for divorce occurred outside the state of Massachusetts then one spouse must be a resident of the state for at least 1 year.
Although I am not licensed in Rhode Island, it appears that based on your situation and the relevant state laws, you either need to file in Massachusetts or have your wife be the plaintiff and file the action in Rhode Island. It doesn't really matter who the plaintiff is in a no-fault divorce (a divorce based on irreconcilable differences), which is a ground available in both Rhode Island and Massachusetts.
I agree with attorney Martucci that you appear to have met the residency requirement to file for divorce here in Massachusetts.
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