Divorce proceedings

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Latest post Sat, Aug 13 2016 8:51 AM by 826932. 12 replies.
  • Tue, Jul 26 2016 6:57 PM

    • Emma0277
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    Divorce proceedings

    I am now living in Massachusetts for almost 8years. I married my wife in the Philippines and moved here in Massachusetts, we separated 5 yrs ago. Can I file a divorce here in MA? I don't know where she lives now but I heard still in the same city where I live in. What should I do? 

  • Tue, Jul 26 2016 8:25 PM In reply to

    • DOCAR
      Lawyer
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    Re: Divorce proceedings

    Yes you can file here, but you will need to get service. An attorney experienced is divorce from a person in a foreign country would be most helpful.  I believe it is the Hague convention that governs service in a foreign country.

  • Wed, Jul 27 2016 8:39 AM In reply to

    Re: Divorce proceedings

    Emma0277:
    Can I file a divorce here in MA?

    Yes.  Where else would you file?

     

    Emma0277:
    What should I do?

    Consult with a local divorce attorney.

  • Wed, Jul 27 2016 8:42 AM In reply to

    Re: Divorce proceedings

    DOCAR:
    I believe it is the Hague convention that governs service in a foreign country.

    There are about three dozen Hague Conventions, and it is correct that one of them (specifically, the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters) deals with service of judicial process in the approximately 70 signatory countries (which, by the way, does not include the Philippines).  However, given the OP's statement that he "heard [his wife is] still in the same city where [he] live[s]," it doesn't appear this will be an issue.

  • Wed, Jul 27 2016 1:47 PM In reply to

    • Emma0277
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    • MA
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    Re: Divorce proceedings

    Thank you!

  • Wed, Jul 27 2016 1:47 PM In reply to

    • Emma0277
      Consumer
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    • MA
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    Re: Divorce proceedings

    Thanks!

  • Wed, Jul 27 2016 5:01 PM In reply to

    • Drew
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    Re: Divorce proceedings

    Is your wife someplace in MA or someplace in your old town in Phillipines 



  • Wed, Jul 27 2016 5:03 PM In reply to

    • Drew
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    Re: Divorce proceedings

    As an aside...if the marriage lasts 10 + years she may be entitled to social security based on your earnings record ...think ?? 



  • Wed, Jul 27 2016 7:19 PM In reply to

    • Emma0277
      Consumer
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    • Joined on Sat, Apr 28 2012
    • MA
    • Posts 18

    Re: Divorce proceedings

    She's still in MA but I don't know her address now.

  • Wed, Jul 27 2016 8:15 PM In reply to

    • Kivi
      Consumer
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    • Joined on Sat, Jan 1 2005
    • CA
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    Re: Divorce proceedings

    It's pretty hard to completely disappear these days. A divorce attorney can probably find her. It might require the services of a private detective, but frequently, such individuals have access to databases that would show her likely address and/or employer. It might not be that costly unless she really does not want to be found.

  • Thu, Jul 28 2016 3:58 AM In reply to

    • Drew
      Consumer
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    Re: Divorce proceedings

    Much easier to find and serve her in MA...., may still require paid digging ...just a thought ......if close to 10 year marrIage mark and one of you has a much better  record of earnings under SS it may work to delay getting divorce so as to lock in better spousal / survivor benefits ...You can barter the point of course 



  • Thu, Jul 28 2016 3:59 AM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
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    Re: Divorce proceedings

    How long is your marriage now ? 



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