Jurisdiction Basics


There are courts in all states and all federal districts, and you may have wondered how attorneys know which court to use for each case.  In fact, there are strict rules identifying each court’s jurisdiction.


Almost all of the time, divorces occur in state court.  To determine if Massachusetts will hear your divorce case, consider the following:


1) If the grounds for divorce (i.e. irretrievable breakdown or desertion) occurred in Massachusetts and at least one of the parties currently resides in Massachusetts, the divorce can be filed in Massachusetts.


2) If the ground for divorce occurred outside Massachusetts, the divorce can be filed in Massachusetts if at least one party lived in the state for at least one year before filing.


If you don’t fit into either of these scenarios, consult with an attorney on where to file your divorce.  If you do fit one of these scenarios, you will next need to figure which county’s courthouse to use, since each county in Massachusetts has a Probate and Family Court.  To determine venue, consider the following:


1) If a party still resides in the county where the couple last resided as husband and wife, the divorce shall be filed in that county.


2) If neither party still resides in the county where they last resided as husband and wife, the divorce shall be filed in either county in which a party currently resides.