Can I get a divorce from my husband if he left the country and cannot return?

My husband left the country for a short period of time. When he left he said he would return in 6 months. He has now been out of the country for 22 months and is not allowed back into the country (lost his residency status). How can I proceed with a divorce.

Asked on October 21, 2011 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to speak with an attorney in your are on this matter.  You are a US resident, correct?  And you are a resident of the state of Massachusetts, correct? Then you can file for divorce based upon your residency.  That is how the court will obtain jurisdiction over you and will allow you to file for divorce.  But the issue is going to be how the court can obtain jurisdiction over your husband in another country.  If your husband consents to the divorce then he can execute the necessary paperwork to make it happen.  There also exists in every state a method of service for those that can not be found - called substituted service - so that you can get a divorce.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.