Where to File a Complaint for Divorce:

Often times when someone is contemplating divorce, the question of where to file a complaint comes up.  In some cases the answer is easy, at other times the answer is based on a number of factors very specific to each situation. 

Under the Uniform Child Jurisdiction Act, once a child has been domiciled in Massachusetts for 6 months, Massachusetts has an interest in that child and the Massachusetts Courts can make a determination on issues relating to the custody and support of that child.  If the parties involved in a divorce have no children, in order for Massachusetts to have jurisdiction over those parties and preside over the divorce proceeding then one of the parties must have been domiciled in the Commonwealth of Massachusetts for at least one year.   Specifically, under M.G.L 208 §4 it is stated, “A divorce shall not, except as provided in the following section, be adjudged if the parties have never lived together as husband and wife in this Commonwealth; nor for a cause which occurred in another jurisdiction, unless before such cause occurred the parties had lived together as husband and wife in this commonwealth, and one of them lived in this commonwealth at the time when the cause occurred.”  

 An experienced Attorney can help navigate the questions involved in determining where to file a complaint and whether or not Massachusetts is the right jurisdiction for you. 

Carter DeYoung Attorneys At Law Cape Cod