By: Jennifer Silva, Esq.
Before you take the necessary steps to file a Complaint for Divorce in Massachusetts, it is important that you confirm that you have met the necessary requirements to do so. The power of the Massachusetts Probate and Family Court to grant a divorce is based on a person’s domicile in Massachusetts. This means that a person is physically present 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 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 obtaining a divorce);
- If you lived in Massachusetts with your spouse and the cause of divorce 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 the cause of divorce occurred in another jurisdiction and either you or your spouse lived in Massachusetts when the cause of divorce occurred.
If you have concerns as to whether you meet the necessary requirements to file for divorce in Massachusetts, I suggest that you contact an experienced family law attorney to discuss your particular circumstances.
To speak with a lawyer about divorce or other family law matter, contact Mavrides Law in Boston, Newton, or Quincy, MA. To schedule an initial consultation, call 617-723-9900 or contact the firm at firstname.lastname@example.org