Served with Complaint for Divorce, But Already Divorced!

[oldandtired]

We separated 3 years ago and ex moved back to MA (I reside in Canada with our children). He filed for divorce in MA but it was dismissed with prejudice as he had not been resident there for 1 year. We subsequently received a final divorce order from Canada, along with custody and child support orders. Our divorce was final in Jan 2014. Today I was served with a complaint for divorce from MA, filed by him last month. I am unsure how to proceed - submit final orders from here with a response to the complaint, or do nothing? If I submit the orders, will doing so by mail suffice since I am not in MA to personally file them? Thanks in advance for any insights!

 

[Proserpina]

You'll have to file an answer, and basically tell MA that the divorce has already been litigated in Canada and include a copy of the divorce in your answer.

Try here, too: http://www.masslegalhelp.org/children-and-families/probate-and-family-court/the-answer

Given that the divorce is from Canada though and you live there now, it wouldn't hurt to start calling a few attorneys.

 

[army judge]

We separated 3 years ago and ex moved back to MA (I reside in Canada with our children). He filed for divorce in MA but it was dismissed with prejudice as he had not been resident there for 1 year. We subsequently received a final divorce order from Canada, along with custody and child support orders. Our divorce was final in Jan 2014. Today I was served with a complaint for divorce from MA, filed by him last month. I am unsure how to proceed - submit final orders from here with a response to the complaint, or do nothing? If I submit the orders, will doing so by mail suffice since I am not in MA to personally file them? Thanks in advance for any insights!

I suggest you speak with a licensed solicitor in your province ASAP.
Your issue is far too complex because of the international aspect of your citizenship (nationalities or residencies), and the citizenship of the children.
You require real legal advice from an a solicitor versed in divorces that involve diverse and disparate nations!

 

[Betty3]

Agree with the other responders. Since the US & Canada are both involved here, I would talk to a "lawyer" in Canada. Good luck.

 

[oldandtired]

Thank you both for taking the time to respond! I wish I had the financial means to consult a lawyer - sadly the previous court actions depleted all my savings and put me into credit card debt. I am raising 2 young children without any financial or physical support from my ex, since he is not paying the child support ordered. I am getting by financially since I work fulltime (so do not qualify for legal aid) but there is no money left over to pay for legal help. Thanks again for responding - I appreciate it!

 

[army judge]

Thank you both for taking the time to respond! I wish I had the financial means to consult a lawyer - sadly the previous court actions depleted all my savings and put me into credit card debt. I am raising 2 young children without any financial or physical support from my ex, since he is not paying the child support ordered. I am getting by financially since I work fulltime (so do not qualify for legal aid) but there is no money left over to pay for legal help. Thanks again for responding - I appreciate it!

Most lawyers as we call them in the US (solicitors as they are known to you in Canada) will meet with a prospective client initially for 20-30 minutes to discuss a legal dilemma without any cost or further obligation.

In other words, you get the opportunity to ask a few salient questions, receive answers, all at no coist or obligation.

All you need expend is time.

Do yourself a favor, seek that free advice.

Do it before you respond to the MA divorce action.

There are at least THREE good reasons you need to restrain yourself from responding until you have consulted a Canadian solicitor.

The major issue is if a US court holds personal jurisdiction over a Canadian citizen who holds a Canadian divorce.

Be very, very careful before you stumble into something that has no jurisdiction over you.
Also, don't put what you've obtained at risk.

 

[oldandtired]

Most lawyers as we call them in the US (solicitors as they are known to you in Canada) will meet with a prospective client initially for 20-30 minutes to discuss a legal dilemma without any cost or further obligation.

In other words, you get the opportunity to ask a few salient questions, receive answers, all at no coist or obligation.

All you need expend is time.

Do yourself a favor, seek that free advice.

Do it before you respond to the MA divorce action.

There are at least THREE good reasons you need to restrain yourself from responding until you have consulted a Canadian solicitor.

The major issue is if a US court holds personal jurisdiction over a Canadian citizen who holds a Canadian divorce.

Be very, very careful before you stumble into something that has no jurisdiction over you.
Also, don't put what you've obtained at risk.

Thanks - great suggestion. I will check if the same opportunity for an initial free consultation is also available here in Canada! I definitely dont want to rush into things that may backfire - it has been a long, hard battle for the past 2 years and not going to risk losing all of that! Thanks again!

 

[disagreeable]

A valid Canadian child support order would be enforced by your local support office coordinating with the office in his county in MA. You can address coordination problems with the Int'l CS Office.
http://www.acf.hhs.gov/programs/css/international