Skip to main content

Can I get Divorced in Massachusetts if I was married in another country?

By Anonymous
Assuming you are a resident of Massachusetts for 1 year, or you meet one of the other jurisdictional requirements to have your case heard in Massachusetts, the fact that your marriage was solemnized in another country will not usually make a difference.

With a few exceptions (such as going to a foreign jurisdiction to get married when you wouldn't be considered competent in MA), a foreign marriage is recognized as a legal marriage in MA so long as it is recognized as a legal marriage in the country of the marriage.  Under M.G.L. c. 207 s 36 you can file a foreign marriage certificate with your town clerk to have it recorded, if you want vital records to have a record of your marriage.

However, that usually isn't necessary in order to file a divorce.  You just have to file an original or a certified copy of the marriage certificate with the Complaint for Divorce.  If the original or certified copy is not in English then I would also recommend having a certified translation.

If you only have a copy of the marriage certificate with a certification or seal, you will need to obtain a certified copy of the certificate.  A regular copy won't be sufficient to obtain a divorce.  If you don't know anyone in the originating country that can contact a local clerk for you, then I would suggest starting with the embassy for that country to find out the best way to obtain a certified copy.

It may take a few weeks to get a certified copy, but if you need temporary orders due to some immediate concern then you may be able to get a Judge to allow your case to open by filing a Motion to Allow Filing of Certified Copy Late.  In the Motion you would explain why you need to be heard now, but can't obtain the certified copy right away.  If you convince a Judge that you are doing everything in your power to obtain the certified copy and will file it upon receipt, then the Judge may be willing to allow the divorce case to open and issue temporary orders.  Until the certified copy is filed, though, a Judge won't issue a final Judgment of Divorce.


Labels:

Comments

  1. DivorceLawyersMay 31, 2013 at 7:24 AM

    You should consult a lawyer in your area to find out about the residency requirements.

    ReplyDelete

Post a Comment

Popular posts from this blog

What is the purpose of the Divorce Nisi waiting period?

By
In Massachusetts the statutory waiting period after a Judgment of Divorce and before the divorce becomes final (or absolute) is called the Nisi period. After a divorce case settles or goes to trial, a Judgment of Divorce Nisi will issue and it will become Absolute after a further ninety (90) days. This waiting period serves the purpose of allowing parties to change their mind before the divorce becomes final. If the Judgment of Divorce Nisi has issued but not become final yet, and you and your spouse decide you don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone. Although many of my clients who are getting divorced think the idea of getting back together with their ex sounds crazy, I have had cases where this happened. In addition to offering a grace period to change your mind, the Nisi period has three other legal effects: 1. The most obvious effect of the waiting period is that you cannot remarry during the Nisi period, be...
76 comments
Read more

2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

By
While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children.  Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as  the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights.  In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms.  As Maya Angelou said, "When someone shows you who they are, believe them the first time."...
1 comment
Read more

New Massachusetts Child Support Guidelines (2021): Big Changes, Little Changes, Typos & some Unexpected Results

By
UPDATE: The court has released a web calculating version of the 2021 MA Child Support Guidelines Worksheet .  It resolves some of the typos referred to below, but the unexpected calculations still apply. Every four years, per federal mandate, the Massachusetts Probate & Family Court revisits the Child Support Guidelines through the work of a Task Force appointed by the Chief Justice.  The 2021 Massachusetts Child Support Guidelines were recently posted.  They take effect on October 4, 2021.    If you are interested in a training on all of these changes to the new Child Support Guidelines: DMTA Presents the 2021 MA Child Support Guidelines Update  – Attend this event to learn the key updates you need to know for your mediation clients. Presented by Justin Kelsey of  Divorce Mediation Training Associates  and  Skylark Law & Mediation, PC . For a full comparison of all the  tracked changes between the 2018 and 2021 Massachusetts Ch...
Post a Comment
Read more