Where should I file divorce?

It is not uncommon for spouses after breaking up to move apart from one another. If their employment and family situation allows them to, one spouse might move out of state. So where should the couple file for divorce? Massachusetts law generally requires spouses to have lived together in the state for at least one year before filing, although couples may file for divorce after less time here based on the cause of action occurring here. However, since a trial could only be scheduled after six months of separation, it might be advisable to wait at least that period before beginning a divorce action here. Because a couple may spend years separated without securing a legal divorce, questions may arise as to where their divorce should be filed. Should it be filed in the state where the couple last lived together or where they now live? Generally, a couple should file for divorce in the state where they last lived together as husband and wife, but it would also make little sense to force spouses who both now live out of state to litigate their divorce in another jurisdiction. The local family court clerk's office is generally the best resource for whether couples should file within that state and which court in the state would be the appropriate one in which to file. As a general rule, if two jurisdictions have an equal basis to hear a case, the place where an action is first filed would be given deference as a location.