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New Haven, CT asked in Divorce and Family Law for Massachusetts

Q: Can I get an online divorce living in Massachusetts with my spouse in Pennsylvania?

I have been living in Massachusetts for three years, and my wife lives in Pennsylvania. We haven't been together for almost five years, and we both want a divorce. We don't have shared properties, and our children are adults or nearly adults. We're considering an online divorce due to living in different states. Is it possible to complete our divorce online while meeting the legal requirements in our respective states?

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2 Lawyer Answers

A: Yes, you can get divorced in Massachusetts. If you are doing an uncontested divorce, you merely need to say that the relationship ended in Massachusetts. You can meet with a Divorce lawyer or mediator online. The papers can be filed by mail. You can request to have a zoom hearing, which the court may or may not allow. Assuming they allow it, you just appear for the uncontested Divorce hearing on Zoom.

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Answered

A: Yes, it is possible to get a divorce while living in different states, but it has to be filed in one state’s court system. Since you have been living in Massachusetts for more than a year, you meet the residency requirement to file there. Your wife would then need to be served with the divorce papers in Pennsylvania, and if she agrees to the divorce, the process can usually move forward without either of you needing to appear in person very often.

Because you both agree and have no property or custody issues, this would likely be considered an uncontested divorce. Many courts now allow much of the paperwork to be filed online, and some hearings may be conducted remotely. That makes the process easier even though you live in different states. What matters most is that the paperwork is completed correctly and filed in the state where the divorce is officially being handled.

You and your wife will need to decide whether to proceed in Massachusetts or Pennsylvania, but given your long residency in Massachusetts, that may be the smoother path. Once the divorce is granted, it will be recognized in both states. An online divorce service may help prepare the forms, but the actual approval must still come from a court.

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