One of the first questions that you should answer, when contemplating a divorce, is whether or not you can file your divorce, and get divorced, in Massachusetts. The power of Massachusetts courts to grant a divorce is based on a person's domicile in Massachusetts. This means that a person is physically present in Massachusetts and has a present intent to make Massachusetts his/her permanent place of residence. This is a question of fact depending on your particular circumstances.
You are able to file your divorce, and get divorced, in Massachusetts if you meet one of the requirements listed below:
- If you have lived in Massachusetts for the past year (unless the Court determines that you moved to Massachusetts for the purpose of getting divorced); or
- If you lived in Massachusetts with your spouse and whatever caused you to get divorced occurred in Massachusetts. It is important to note that with respect to a "no-fault" divorce case, the "cause" of your divorce is considered to be when you realized that your marriage is over and there is no hope of reconciliation; or
- If you lived in Massachusetts with your spouse before whatever caused you to want to get divorced occurred in another jurisdiction and either you or your spouse lived in Massachusetts when the cause of divorce occurred.