Prove residency to file for Mass. divorce
My husband and I got married right after college and rented a townhouse in Washington, D.C. The first two years were great but then eight years ago my husband took a consulting job that had him bouncing around Europe and never home. I took a job with the government and have been stationed in U.S. embassies, first in Canada and for the last six months in Sweden.
It made no sense to continue paying rent in D.C., so seven years ago we moved our belongings to my parents’ carriage house on their property in Massachusetts, where I grew up. We have been coming to Massachusetts for several weeks over major holidays and for a summer vacation but otherwise never see each other.
My husband is very religious and does not want a divorce. The marriage no longer makes sense to me and I want out. I filed for divorce in
Massachusetts and he filed a motion to dismiss saying I need to actually live in Massachusetts for a year before I can file. Is that true? Do I have to stay married to him because we both move around a lot for work?
It sounds like your husband is using the jurisdictional argument to protect his religious values. Generally, there is a one-year residency requirement in Massachusetts, and most other states for that matter, before you can file for divorce. Alternatively, if the breakdown of the marriage happened in Massachusetts and you have not lived here for a full year, you can still get divorced here.
Where the breakdown of your marriage likely happened over time and over great distances, you need to look at the definitions of residency in preparation for the hearing on his motion to dismiss. First, ask the judge for an evidentiary hearing so you have an opportunity to testify to facts that will support your claim of Massachusetts residency. In case the judge denies your request, you should prepare and bring to court a detailed affidavit and tell the judge that if allowed to testify, the content of the affidavit is what you would say.
The facts to be considered in a residency determination are, among other things, what state issued your driver’s license? What is the address listed on your passport? Where are you registered to vote? And, assuming you are registered, when you last voted even if by absentee while working out of the country? What address do you use in filing your tax returns? What do you use for a mailing address? Are you a member of a church and if so where? Where do you maintain a bank account? To the extent Massachusetts is the answer to any of these questions be sure to include it in your affidavit. Attach copies of your license, passport, etc. to your affidavit as proof and his motion should be denied.
Wendy O. Hickey has since 1994 been involved in and since 2003 been a trial lawyer who concentrates her practice on national and international family law. Any legal advice in this column is general in nature, and does not establish a lawyer-client relationship. Send questions to dearwendy@bostonherald.com.