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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can you modify an out of state divorce decree, if both

Customer Question

Can you modify an out of state divorce decree for alimony, if both parties do not live in the state where the divorce took place? I currently reside in Massachusetts.
Submitted: 9 months ago.
Category: Family Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Sorry, but no. If neither party lives in the state any longer, then that state no longer has jurisdiction. The suit to modify alimony would have to be brought in the state of whether EITHER SPOUSE lives - most commonly in the state where the paying party lives, but not always.

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Customer: replied 9 months ago.
your saying that I can't modify the divorce? Although, neither myself nor my ex- spouse lives in Louisiana. I would like to modify without going back to LA. I just don't understand if both parties do not live in the state of the divorce, why I shouldn't be able to modify it here in Massachusetts? Thank you
Customer: replied 9 months ago.
if I can modify divorce here in Massachusetts- what could I file under? Such as "enforcement to modify".
Expert:  Ely replied 9 months ago.
Let us take a step back. Please tell me:
1) What state was the divorce finalized in?
2) What state do you live in?
3) What state does your ex live in?
Customer: replied 9 months ago.
The divorce was finalized in Louisiana. I live in Massachusetts and my ex- spouse lives in California. We were married for 18 years and I was a stay at home mom.
Expert:  Ely replied 9 months ago.

Thank you.

Yes, it is possible to modify to file for a divorce decree. Since neither live in LA anymore, then either Mass or CA would have jurisdiction since a party lives in either state.

If filing in Massachusetts, the pleading would be COMPLAINT FOR MODIFICATION, but would also require COMPLAINT TO REGISTER FOREIGN JUDGMENT/DECREE as well, to register the matter in one's state.

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Customer: replied 9 months ago.
Where would I add alimony under modification complaint or register to foreign judgment
Expert:  Ely replied 9 months ago.

Modification complaint.

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Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!