Going Back to Massachusetts to Serve Divorce Papers

Question:

I am female, a 20 year resident of MA, and live in Newton where I own a home, and am a college professor at a nearby university. I have been living in Pasadena CA since Feb 1 as part of sabbatical at my college professor job; my husband and two children are here also (and my husband’s mother who lives with us). I want to get divorced since living together is becoming intolerable. I don’t want to file in California since I prefer equitable division of assets (MA) rather than community property (CA). I hope equitable division allow me to keep the house since my husband contributed no money to its purchase and has been voluntarily unemployed after quitting his job one year into our 10 year marriage.  My husband opposes the divorce and refuses to discuss any issues about it. He may refuse to return to MA.

Answer:

In order for the Massachusetts court to have jurisdiction, you had to have last lived here as husband and wife, however, the interpretation of whether that is Massachusetts or California is dependent on the facts, e.g., whether you and he changed your driver’s licenses, voting registration.  If your stay in California is temporary in nature, you may still have jurisdiction to file in Massachusetts.

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.