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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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My husband and I are active duty military members. We married

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My husband and I are active duty military members. We married in California and now live in South Carolina. I am still a resident for Massachusetts and was wondering if I could file for the divorce in my home state.

A military member or spouse has a choice of the following three states in which to file for a divorce:

  • State where the spouse resides
  • State where the military member is stationed
  • State where the military member claims legal residency (place where military member plans to live after discharge or retirement)

Although either spouse may file for divorce in any of the three locations listed above, the allowable grounds for divorce and property distribution are governed by the laws of the state where the divorce action is filed.

 

You can file either in SC or Massachusetts. Naturally it will be easier to file in SC.

Customer: replied 7 years ago.
Will I have to go to the courhouse in Mass if I file there? and if so how many times?
You can file by mail and if it is uncontested you should only have one hearing. If it is contested then there could be several. If you and your spouse execute a settlement it shouldn't matter what state.

An accept for my time is always appreciated.
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