Rhode Island and Massachusetts handle divorce petitions very differently, but for the purpose of establishing jurisdiction (the proper court venue and the right to hear your case) both systems operate from the standpoint that at least one of the parties must be a physical resident, or a domiciled inhabitant, of the state in which you are filing.
For instance, if you live in Rhode Island with your spouse, and at least one of you has done so for at least 1 year, then you are eligible to file your divorce petition in the RI Family Court. If you or your spouse has just moved to RI however, and the time that either of you has lived here is less than a year, you will need to either live in RI for a complete year and then file your petition, or file for your divorce in the state where you resided at the time that you were married.
The same rules of residency apply for Massachusetts divorce proceedings, although the structure is a bit different. In order to file a MA divorce petition, you must have been living within the State when the grounds for divorce occured. If you were not living in the state at that time, then either you or your spouse will need to maintain a permanent, physical residence in Massachusetts for one year prior to filing for your divorce.
In both states, there is no requirement that you remain in the state after the filing of your divorce petition; merely that you have lived there for one year beforehand, and live there on the date that you file the petition.
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If you have questions about this post or are interested in
Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island
Criminal Defense Attorney John E. MacDonald at 401.421.1440.
To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.
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