What are the steps to file for an uncontested divorce with someone who lives in a different state?

UPDATED: Oct 9, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 9, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are the steps to file for an uncontested divorce with someone who lives in a different state?

My wife and I got married in NJ because she lives there but I always lived in MA. I was traveling to visit her in the weekends but I kept my place in MA because I work and go to school there. Now we decided that nobody will move definitely to the other’s state, so it’s better to divorce. We both agree on the divorce and that nobody will be responsible of the other’s debts. We don’t have anything under the name of both of us. We have no children. I will fill for divorce here in MA.

Asked on October 9, 2011 under Family Law, Massachusetts


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  So what you are saying is that you are a resident of the state of Massachusetts.  As long as you you qualify for residency before you file for divorce then you have the right to file in that state.  The issue is known as jurisdiction - the court's right to make a decision over you on the matter before it.  The same holds true for jurisdiction over your spouse.  The court obtains that be proper service of the divorce papers or - if your state permits - an affidavit from her accepting service and submitting to the court's jurisdiction.  If it is as amicable as you say and uncontested on the issue of assets, etc., then it should not be a problem.  Speak with an attorney in you area.  Make sure that she also has an attorney at lease review the paperwork prior to filing and that the paperwork that you sbit so states.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption