Do I have to go by Florida's Law or Massachusetts Law? ?

Question

My husband and I got married in the state of Florida but now i'm going to filed for a divorce and I decided to moved to Massachuetts he's still in Florida but now, will the judge go by FL Law or Mass Law since I filed for divorce in Mass?

Answer 1

You are to file in the county and state that you have resided in for at least 6 months. That county will have jurisdiction. You will have to send service papers to Florida (that county's sher. dept.) to have them served on him.

Answer 2

Chapter 208: Section 4. Domicile of parties

Section 4. A divorce shall not, except as provided in the following section, be adjudged if the parties have never lived together as husband and wife in this commonwealth; nor for a cause which occurred in another jurisdiction, unless before such cause occurred the parties had lived together as husband and wife in this commonwealth, and one of them lived in this commonwealth at the time when the cause occurred.

Chapter 208: Section 5. Exceptions

Section 5. If the plaintiff has lived in this commonwealth for one year last preceding the commencement of the action if the cause occurred without the commonwealth, or if the plaintiff is domiciled within the commonwealth at the time of the commencement of the action and the cause occurred within the commonwealth, a divorce may be adjudged for any cause allowed by law, unless it appears that the plaintiff has removed into this commonwealth for the purpose of obtaining a divorce.

Basically (the way I'm reading it..ie not a laywer), there is a one year residency requirement in Massachusetts in your case (unless he can prove that you only moved to Mass for the divorce..ie favorable divorce laws when compared to Florida).  

If he is smart (and he might not be) and you have moved away to Mass., I'd drop the hammer in Florida first (forcing you to come come to Florida).