Hyannis, MA asked in Divorce for Massachusetts

Q: What are the residency requirements in Massachusetts in order to file for divorce on the grounds of adultery?

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1 Lawyer Answer
Christopher J Finn
Christopher J Finn

A: If you were married in Massachusetts, or the cause of divorce occurred in Massachusetts, you can file for divorce immediately. If you were not married in Massachusetts and the cause of divorce occurred outside of Massachusetts, you must reside in Massachusetts for 1 year before filing.

I would suggest that you speak with an attorney on this because procedural requirements and interpretation of where the "cause" of divorce occurred can be tricky. Also, it is not always in one's best interest to file a Complaint for Divorce based on fault (adultery in this case) and when clear examples and evidence of the fault exists. It may be best, even if adultery occurred, to file for divorce based on no-fault (irretrievable breakdown of the marriage) for a number of reasons.

I hope this answers your question, but I would suggest speaking with an attorney about your rights and the best course of action.

Very truly yours,


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