Hello. I married a man from the Dominican Republic two weeks ago and immediately regretted my decision. He lived in Massachusetts for a several months before the wedding and then moved back to the DR a week after to make arrangements for us to live there with his family. I have always lived in Massachusetts and we were married in MA. So my question is whether I can get a divorce in MA even though he is not a citizen and is currently living in another country? Do I have to wait a year before I can get divorced? Thank you very much for your help.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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divorce foreign national
You are raising a question of jurisdiction, and whether the divorce court can consider the matter and grant you a divorce. The answer, I believe, is yes. Under Massachusetts law, speaking generally, if you or your husband live in MA (or lived) as husband and wife and the grounds for the divorce occurred in Massachusetts, you can file now, in MA. In some cases, when people move to this state from the state in which they resided and were married, the probate and family court will not assert jurisdiction over the matter until the parties (or one of the parties) has resided in the state for a year.
Clearly, the first situation applies to you, since you never left the state. However, given the circumstances you face, and that you will have to deal with serving papers on a person not currently living in the country, you should probably talk to a divorce attorney in Massachusetts about helping you out with this matter. Good luck.