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My friend got a divorce/separate support summons from her…

My friend got a...

My friend got a divorce/separate support summons from her husband. He lives in Boston and she lives in Miami. Everything he says is false and he wants an annulment. How can she respond

Lawyer's Assistant: What steps has your friend taken? Have they filed any papers in family court?

Not at all. She just was serve yesterday.

Lawyer's Assistant: Family law varies by state. What state are they in?

She lives in Florida and he filed in Boston

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

SHe got her temporary green card through the marriage and now he is accusing her with fraud when he was the one that left her and moved in with another girl in New York while been marry. She has tones of proof

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Answered in 3 minutes by:
5/8/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Did your friend ever live in Boston with her husband?

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Customer reply replied 3 months ago
for a few months

Okay, thank you. If they lived there while married, he is allowed to file for divorce there as long as he's been living there at least 6 months.

The good news is, Massachusetts makes divorce fairly easy in some ways. They have forms online that can be used to respond to a Complaint, which most states do not.

https://www.mass.gov/info-details/divorce-court-forms

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Customer reply replied 3 months ago
He is not a nice person and now he threaten her that he will send a letter to immigration stating that she only married him for the green card

The starting point is to file an Answer, where she can dispute everything he says in the Complaint for divorce. The Answer can be filed by mail. The original goes to the courthouse, with a copy to him. She can ask for a divorce rather than an annulment. Usually in that situation, the judge will grant a divorce.

She can request support from him if necessary, especially if he sponsored her for the green card. That paperwork includes a promise by him to support her for up to 10 years if necessary.

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Is he trying to get her to give him something to stop him from making false allegations?

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Customer reply replied 3 months ago
But I guess my question is what forms she need to use.
Or should I used a piece of paper and answer that way.

She can Answer on a piece of paper, but's honestly easier to use the forms in most cases. She can refute all of his allegations and ask the judge to give her whatever she thinks is fair.

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Customer reply replied 3 months ago
she does not hire a lawyer in Boston, she can do it from here. Do you know the forms and where she can get them from
Customer reply replied 3 months ago
I meant she does not have to hire an attorney in Boston, she can do it from here in Miami.

She doesn't need a lawyer, but she can hire one if she'd like. If she thinks he really might try to get her green card revoked for fraud, she might want to look for a lawyer who does both divorce and immigration.

The forms and instructions are at the link I provided above. The starting point is the Answer or she can do a Counterclaim for Divorce to request a divorce instead of an annulment.

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Customer reply replied 3 months ago
She already filed for divorce about a month ago. I will do as you said. Everyone is been telling her she needs to hire an attorney in Boston because it was filed in Boston and the attorney needs to be in that county which I think is incorrect. Is adultery legal in Boston or New York. He committed adultery living with this other woman who already left him and is willing to testify he was a liar and not a nice person. She has tones of emails that contradicted his claims. Don't know if this works in the court of law. This is my last question and thank you so much.

Which state did she file in?

The attorney doesn't technically need to be in the same county where he filed, but they will charge her for the time it takes to get to court, so usually you want them to be. Especially if they're anywhere near Boston traffic.

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I have never seen anyone prosecuted for adultery, in any state. Most states have taken the opinion that private consensual behavior between adults shouldn't be the basis of criminal activity. Any attempts to prosecute someone would likely be unconstitutional in light of the Supreme Court's holding in Lawrence v. Texas, back in 2003. She could use it as a grounds for divorce in Massachusetts, but it honestly will make the divorce take longer and not benefit her much. The main reason she would want to bring it up is if he is trying to get support from her - he is much less likely to get support if the marriage ended through his infidelity.

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Customer reply replied 3 months ago
She filed in Florida. His complain is that my friend convinced him to get marry because of her emotional connection and she needed a green card. Once the green card was issue to my friend, that my friend became increasingly hostile physically and verbally abusive and when he moved back to Boston she did not want to go with him. Its total lies, He left her stranded in Miami with no food or shelter and he went to live with this other woman in New York who recently left him. And now he is been wanted to go back and she just had enough. It's the reason I was asking for adultery because he was the one that left her, ot the other way around.

If they lived in Florida together and she filed for divorce there first, she can file a Motion to Dismiss the Boston Complaint. Especially if he hasn't yet lived in Massachusetts for six months, but either way. She filed first, the Florida court has jurisdiction.

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Customer reply replied 3 months ago
Can we do this ourselves in court. Motion to dismiss the Boston complain. He left her about a year an a half moved to Boston for a few months and now lives and works in New York. My friend has been living in Florida for 5 years. They were marry in Arizona moved to Boston then to Miami. He left her in Miami then moved to New York. My friend filed for divorce about a month ago and he filed April 4 whixh is also about a month ago.
Customer reply replied 3 months ago
They were marry in 2014

To file in Boston, he needed to live there at the time of filing AND have lived there for 6 months first. If that didn't happen, she can move to dismiss. That is something she can do herself. There aren't forms for a Motion to Dismiss, so she might want to hire a local attorney since she's not near a Massachusetts law library.

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Customer reply replied 3 months ago
No, he has been living in New York and work for the last 2 years. He signed a lease agreement in an apartment in New York. We know where he works, He has not been living in Boston for 6 consecutive months. He has family in Boston that is all, but he lives in New York,

Then Boston doesn't have any jurisdiction to hear the case. She can get it dismissed.

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Customer reply replied 3 months ago
Thank you so much. That is good news.

You're welcome. I hope it works out for her.

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
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