Did you and your spouse move to a new state for work, family, or fun? Or did you separate and move away from one another? Whatever the reason for your move, if you got married in one state, you may wonder whether you can file for divorce in a different one. Continue reading to find out, and work with a skilled Middlesex County divorce attorney for experienced legal representation.

Can I File for Divorce in MA if I Got Married in a Different State?

Yes, you can file for divorce in Massachusetts even if you got married in a different state. In general, where you got married does not affect your ability to get divorced in other parts of the country.

The only potential issue you may face when filing for divorce in a different state than where you were married is whether your new state has jurisdiction over your case. You must ensure that a Massachusetts state court has the right to make rulings regarding the division of property, alimony, child custody, child support, and all other relevant issues. Essentially, you do not have to get married in Massachusetts to get divorced there, but you have to meet certain requirements.

What Are the Divorce Requirements in Massachusetts?

In order to file for divorce in Massachusetts, you must have a valid ground, meaning the reason for the divorce, and meet the state’s residency requirement. Massachusetts offers both no-fault and fault-based divorces. No-fault grounds are generally that the marriage has been irretrievably broken or that the couple has been separated for 18 months or more. Fault grounds include one spouse’s actions that caused the breakdown of the marriage, like adultery, desertion, cruel treatment, etc.

If you were married in a different state but want to file for divorce in Massachusetts, the most important thing to consider is the residency requirement. If any of the following apply, you meet the criteria and can file for divorce in the state.

  • You, the plaintiff, have lived in Massachusetts for at least one year directly preceding your filing for divorce
  • You and your spouse at one point lived together in Massachusetts as husband and wife, and one of you lived in the state when the grounds for divorce occurred
  • You currently live in Massachusetts, and the grounds for divorce occurred in the state

If any of these are true, a Massachusetts court has jurisdiction over your case. It is important to note that if you moved to the state for the sole purpose of filing for divorce under Massachusetts law, you may not be granted the dissolution of your marriage.

To learn more about the divorce laws in your state, contact an experienced lawyer at Mark Liam Gannon, Attorney at Law, today.