The Massachusetts Probate and Family Court would first have to have personal jurisdiction of both you and your former spouse. Jurisdiction can be a complicated issue, but in most cases that means both of you have to reside in Massachusetts. That said, simply because a Massachusetts court is reviewing your Florida divorce judgment for potential modification does not mean Massachusetts law will apply. In fact, unless both parties are domiciliaries of Massachusetts, a Massachusetts court "may modify and alter such foreign judgment, decree, or order only to the extent it is modifiable or alterable under the laws of such foreign jurisdiction." G.L. Ch 208, sec 37. In other words, the Massachusetts court would apply Florida law. A Domicilliary is one who has a physical presence in the state and intends to remain here as a permanent resident. That is, a person who maintains his principal residence in Massachusetts . For instance, if you moved here, but maintained a residence in Florida to avoid state income taxes, Massachusetts likely would not be considered your place of domicile. If both of you can be considered domicilliaries of Massachusetts, then the Massachusetts courts can apply Massachusetts law to a modification. However, you still will have to prove that there is a material change in the circumstances of either you or your former spouse since the entry of the Florida judgment.
Answered on Sep 28th, 2012 at 12:08 PM