I feel stuck and don’t know where to file for divorce, in Massachusetts or NH?

I was married in Wellesley Ma, that is where I grew up and where my mom and dad live, I then moved to NH to live with my new husband for about 6 weeks, but he changed and it didn’t work out, I moved back home to Wellesley and then we went to marriage counseling in Boston, during that time, he got worse and physically abusive, so i knew we were done, i never went back to NH and want to file for a divorce. Can I file here in Ma, I was never a citizen of NH.

Tough question because of the jurisdictional and residency requirements. It sounds like you really didn’t establish residency in NH yet because you hadn’t lived there for 6 months and you were married in Ma. However you last lived together as husband and wife in NH. I will have to defer to my colleague who very astutely answered your question and agree with him that since the breakdown occurred in Ma and that you had not yet established residency in NH nor given up your residency in Ma, you may file in Ma- However I look forward to other attorney answers, this is a very good question, I would file in Ma if you can as the child support guidelines are very reasonable and because you are living here now and it was always truly your home.

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Categories: Divorce Q&A.