I recently moved to MA from St. Louis, MO (have been here for only 5 months). My husbands entire family lives in Boston and he was adamant about moving to be close to them. I agreed to try it out as long as we continued to work on the marriage (started counseling in St. Louis). It has become clear that his intentions were to move me to Boston only to divorce me and so that I would not be able to leave the state with our kids (age: 2 and 1). I was served divorce papers yesterday. What is my best strategic move in getting back to MO (the childrens home state). Can I file for temporary custody in MO while still living here, and plan to move back within the month? Additional details: he does not have a job (nor does he intend on getting one), I am a professional with a flexible schedule and can easily get my old job back in MO. Bottom line - I want to get back to MO. How do I go about doing this?
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Editor's Response
I'm very sorry about your situation. However, while my limited experience with divorce allows me to answer general questions, when it gets down to strategy for an actual divorce, I am in way over my head. The best advice I can give you is to hire an experienced divorce attorney and discuss these issues with her. There are many issues that come into play in a situation like this, including whether a Massachusetts court has jurisdiction. Generally, because neither of you have resided in the state for at least a year, if the grounds for divorce occurred outside of the state, then I have my doubts about whether a MA court will assert jurisdiction. Again, talk to an attorney ASAP. Good luck.
Jurisdiction in MA
I may have to disagree with the Editor on this one. As the two of you were still working on your marital issues when you came to Boston, it can be argued that the breakdown of the marital relationship occurred here. There are ways to obtain a Court Order to permit removal to another state. More information would be needed in order to give specific advice to you. Please feel free to view my web site at berid-schutzbank.com for more general information about divorce or if you're interested in a consultation. Thank you and good luck.
Eric Schutzbank, Esquire
The above information does not constitute legal advice nor does it constitute an attorney-client relationship. It is offered for informational purposes only.
Editor's Response
Attorney Schutzbank raises a good argument, and I will defer to his experience in these matters.