Legal Question in Family Law in Massachusetts
My wife and I have no idea how or where to get divorced
Hello,
My wife and I wish to get divorced. The problem is, we were both
born in RI, lived in CT for one year, lived in NH for 5 years, got
married in RI, then separated 5 months ago - I moved to MA, and she
moved to RI, then back to CT. Right now I live in MA and she lives in
CT. This is a no-fault divorce, we have already distributed what little
joint property we had, and now we both simply wish the marriage to
be ended. In which state should we be attempting to get a divorce?
(or would an annulment be a possibility? We've been married for a
little over a year.)
2 Answers from Attorneys
Re: My wife and I have no idea how or where to get divorced
States have a waiting period for jurisdiction for divorce. In Massachusetts it is 6 months. You can get divorced in either state where one of you have lived for the residency period. However, both parties must participate to give the court the power to divide property.
Re: My wife and I have no idea how or where to get divorced
If there were children born of the marriage the state in which they reside would have paramount jurisdiction. If no children, jurisdiction may exist in the state where either party has resided for that state's applicable residency requirement (6 months in MA).
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