Filing Divorce While Moving Out of Massachusetts

Filing Divorce While Moving Out of Massachusetts


I plan to file what will (hopefully) be a 1A uncontested divorce. My husband and I both meet the residency requirements for an MA divorce, having lived in MA together for years, and with him remaining in MA. I will be the spouse filing. However, I plan to move out of state within days of filing. Will that cause any issue? Can I list what my new address will be in VA as my address on the divorce form? Or alternatively, is there a way for me to send the MA divorce forms, once filled out and signed by both spouses, from VA to my now local probate court in Quincy, along with the appropriate filing fee?


As long as you meet residency requirements at the time filing in Massachusetts and last lived in Massachusetts as husband and wife, either or both of  you can move anywhere you like but would have to come back to Massachusetts for the divorce hearing. You and your spouse would should not live together in your new state. I would suggest that you list your Massachusetts address as the address at the time of filing and then file a notice of change of address with the court. The probate and family court is not in Quincy. For Norfolk County, it is in Canton.

This legal question was provided by Avvo and answered by Cynthia Hanley an experienced Mansfield, Massachusetts Divorce Lawyer.  This does not consent an attorney client relationship.