HOW DO I GO ABOUT GETTING A DIVORCE WHEN I LIVE IN MASSACHUSETTS AND MY WIFE LIVES IN ST.LOUIS

ROBERT (Guest) on Friday, February 01 2013, 10:59 AM
I SENT HER THE MONEY TO FILE AND SHE DIDN'T AND I NEED TO BUT I'M NEW TO MASSACHUSETTS
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  • Replied by Attorney Stephen Morte on Friday, February 08 2013, 06:24 PM · Hide · #1
    This question involves the somewhat complicated issue of jurisdiction. Generally so long as you were married or last lived together in Massachusetts and you are a resident, you can file a complaint for divorce here. You would have served your wife the complaint through a sheriff or constable in the state where she resides and she would then be subject to the jurisdiction of the Massachusetts courts. Another alternative would be to hire a lawyer in the state where your wife resides and file a complaint for divorce there. Generally this would not be advisable as you will have to that state whenever there is a matter before the court. Ideally you should speak to a Massachusetts divorce lawyer who can help guide you through the process. You may always call my office to schedule a consultation: www.MorteLaw.com.
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    Replied by Attorney Eric Schutzbank on Wednesday, February 13 2013, 11:39 AM · Hide · #2
    If your wife has never resided in Massachusetts, then you will need to meet the residency requirement (which is one year) before you can file an individual complaint for divorce. If both of you lived in Massachusetts as husband and wife, you would be able to file a complaint and then would need to have a constable or sheriff serve her in St. Louis. One possibility, is to have an attorney draft a Joint Petition for Divorce and Separation Agreement and mail such to her along with an Affidavit explaining that it would be a financial hardship for her to come to Massachusetts for the hearing. I suggest that you consult with an experienced family law attorney to accomplish this. For more information, please view my web site at berid-schutzbank.com. Good luck!
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