IfIwas legally separated in 1 state and now live in another, how do I getmy divorce finalized?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
IfIwas legally separated in 1 state and now live in another, how do I getmy divorce finalized?
We legally separated in CA in 2005, split out assets with me paying him out $145,000 for his half of the house and then the CA housing market crashed and I ended up losing the house. I spent thousands on the divorce up to that point and now since I ran out of money it is in limbo. What can I do from MA to finalize my CA divorce and get my name back? I haven’t spoken to my ex in years and I don’t even know where he lives. I think I may still owe my attorney $350 but I am not sure. Will this affect the finalizing the divorce?
Asked on September 16, 2010 under Family Law, Massachusetts
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This is one of those instances where you are married "in name only" and all other bonds - financial and otherwise - have already been determined. Here is the issue: you must now file a petition for dissolution of the marriage. From what I understand, a legal separation is a separate proceeding in California unlike a "separation agreement" which in some states can be just filed and converted to a divorce after a certain amount of time (New York's law is consistent with this called a conversion divorce). I am assuming that you have an Order of Separation that refers to the documentation that splits your assets, etc. What I believe you have to do is to file for divorce in the state in which you now live: Massachusetts. So you have to fulfill their requirements of residency, service on your ex, etc. You are going to have to seek legal help with all of this. You should be able to use the legal separation order and paperwork to show the distribution of assets was already done. The problem will be service. Your attorney can help you with that. 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.