How to Divorce an Out-of-State Spouse – Video
If you are living in Massachusetts and you are married to someone who doesn’t live in Massachusetts, can you get a divorce? The short answer is yes.
The requirement for getting a divorce in Massachusetts is that one of the parties to a divorce must have resided in the commonwealth for the past year.
You go about the divorce process just as you would if your spouse lived in state. You have to decide if you want an uncontested or a contested divorce. After you have your attorney draft up all the documents, you have them signed by your spouse and have them mailed back to you if it’s an uncontested divorce. Or you have them served with divorce papers if it’s a contested divorce.
You have the option of waiving your spouse’s attendance at the final hearing if they can’t or won’t come to Massachusetts for the hearing.
The process can get a lot more involved if your spouse decides to put up a fight but the bottom line is this: if you want a divorce, it’s going to happen – it might just take a little time.
Hello, Mr. Cheong: I live in Rhode Island. Mypartner lives in Mass.; and she is seeking a divorce in Mass. in Feb. 2012. I have learned that Mass. may not grant a divorce if R.I. does not recognize our marriage or divorce in Mass.. Is this the case? Please let me know.Thanks