Obtaining a divorce when one spouse resides internationally can present significant challenges. However, geographical distance does not extinguish your legal right to dissolve the marriage. In general, Massachusetts courts possess the authority to grant a divorce, provided the petitioner satisfies the state’s residency mandates and adheres to the regulations governing international jurisdiction and service of process. To gain a comprehensive understanding of these intricate matters and to learn how an experienced Mansfield Divorce Lawyer can offer essential guidance throughout this demanding process. 

Can You File for Divorce in Massachusetts If Your Spouse Lives in Another Country?

In Massachusetts, the jurisdiction to file for divorce is generally contingent upon both the residency of the parties and the location where the cause of the divorce arose. Specifically:

  • If the cause for the divorce occurred within Massachusetts, a party may be eligible to file if at least one spouse is a resident of the Commonwealth at the time the action is commenced.
  • If the cause of the marriage breakdown occurred outside of Massachusetts, a more extended residency requirement is typically imposed, often mandating that at least one spouse must have resided continuously within the Commonwealth for a specific period (commonly one year before filing).

While the precise statutory regulations can involve further complexities, the fundamental principle is that the Commonwealth requires a substantial connection, either to the marriage itself or to the petitioning party, before exercising its judicial authority.

Two types of jurisdictions matter in an international divorce:

  • Subject Matter Jurisdiction: The court’s legal authority to adjudicate divorce proceedings. Satisfaction with the statutory residency and cause-of-action requirements vests the Massachusetts Probate and Family Court with the power to terminate the marriage.
  • Personal Jurisdiction: The court’s legal authority to impose legally binding obligations upon the respondent spouse.

Massachusetts courts can frequently alter a party’s marital status based on residency and the irretrievable breakdown of the marriage, even when the respondent spouse resides outside the U.S. However, the absence of personal jurisdiction over the respondent spouse may restrict the court’s authority to issue binding orders concerning spousal support, child support, and certain aspects of property division involving the spouse living abroad.

How Do I Serve a Spouse Living Overseas?

Serving divorce papers on a spouse living abroad requires legally sufficient notice and correct service of process to ensure the judgment is recognized later. Massachusetts courts expect parties to follow appropriate, legally recognized procedures.

If the spouse lives in a country that is part of the Hague Service Convention or similar treaties, service is typically accomplished through that country’s Central Authority, often requiring translations. If no treaty applies, or the spouse’s location is unknown, service becomes more challenging. Without court permission, a Massachusetts court may allow alternative methods of service, such as international mail/courier, electronic means, or service by publication, provided the party can show documented good faith efforts to locate the spouse. It should be noted that a motion must be filed to approve the alternative method.

If you are considering divorce in Massachusetts while your spouse is currently residing abroad, it is highly advisable to secure legal assistance from an attorney at The Law Offices of Cynthia L. Hanley, P.C. to skillfully navigate the complex process of dissolving your marriage.