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

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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

Answers:

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

Answered 9 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.


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