Your spouse does not need to live in Massachusetts in order for you to get a divorce. As long as you have lived in Massachusetts for one year the residency requirements are met to file a divorce. If you are filing a 1A uncontested divorce petition, often we can coordinate directly with that person and get the required documents signed through the regular mail. In the event of a 1B contested divorce proceeding, your spouse will need to be served in the state in which they are residing. Often times, they will retain Massachusetts counsel to appear on their behalf to move the case forward if they reside in a location that is far away. If they reside in a neighboring state, they will sometimes appear on their own or with an attorney.
It is best to consult with an qualified attorney like the ones at Wright Family Law Group in if your spouse does not live in Massachusetts, but you want to pursue a divorce action here. Contact us today at 978-773-9260 or contact us online to book a free Discovery Call.