General Laws of Massachusetts - Chapter 208 Divorce
- Massachusetts General Laws - General provisions - Chapter 208, Section 1
A divorce from the bond of matrimony may be adjudged for adultery, impotency, utter desertion continued for one year next prior to the filing of...
- Massachusetts General Laws - Irretrievable breakdown of marriage; commencement of action; complaint accompanied by statement and dissolution agreement; procedure - Chapter 208, Section 1A
An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of: (a) a petition signed...
- Massachusetts General Laws - Irretrievable breakdown of marriage; commencement of action; waiting period; unaccompanied complaint; procedure - Chapter 208, Section 1B
An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced by the filing of the complaint unaccompanied by...
- Massachusetts General Laws - Confinement for crime - Chapter 208, Section 2
A divorce may also be adjudged if either party has been sentenced to confinement for life or for five years or more in a federal...
- Massachusetts General Laws - Absence; presumption of death - Chapter 208, Section 3
A divorce may be adjudged for any of the causes allowed by sections one, one B, or two although the defendant has been continuously absent...
- Massachusetts General Laws - Domicile of parties - Chapter 208, 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...
- Massachusetts General Laws - Exceptions - Chapter 208, 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,...
- Massachusetts General Laws - Venue - Chapter 208, Section 6
Actions for divorce shall be filed, heard and determined in the probate court, held for the county where one of the parties lives, except that...
- Massachusetts General Laws - Repealed, 1931, 426, Sec. 88 - Chapter 208, Section 6A
Repealed, 1931, 426, Sec.
- Massachusetts General Laws - Filing of action; statistical report - Chapter 208, Section 6B
An action for divorce shall be commenced in probate court by the filing of a complaint. Said complaint shall be accompanied by a statistical report,...
- Massachusetts General Laws - Repealed, 1975, 400, Sec. 13 - Chapter 208, Section 7
Repealed, 1975, 400, Sec.
- Massachusetts General Laws - Commencement of actions - Chapter 208, Section 8
Actions for divorce in the probate courts shall be commenced in accordance with the Massachusetts Rules of Civil Procedure applicable to domestic relations procedure.
- Massachusetts General Laws - Repealed, 1975, 400, Sec. 15 - Chapter 208, Section 8A
Repealed, 1975, 400, Sec.
- Massachusetts General Laws - Repealed, 1975, 400, Sec. 16 - Chapter 208, Section 9
Repealed, 1975, 400, Sec.
- Massachusetts General Laws - Repealed, 1922, 542, Sec. 3 - Chapter 208, Section 9A
Repealed, 1922, 542, Sec.
- Massachusetts General Laws - Repealed, 1975, 400, Sec. 17 - Chapter 208, Section 10
Repealed, 1975, 400, Sec.
- Massachusetts General Laws - Ex parte hearing; allowance or denial of motion to insert name of third person - Chapter 208, Section 11
The evidence produced at such ex parte hearing shall not be reported or made a part of the record in the case and the motion...
- Massachusetts General Laws - Spouse’s property; attachment - Chapter 208, Section 12
Upon an action for divorce by either spouse for a cause accruing after marriage, the real and personal property of the other spouse may be...
- Massachusetts General Laws - Attachment; manner - Chapter 208, Section 13
The attachment may be made upon the summons issued upon the action, in the same manner as attachments are made upon writs in actions at...
- Massachusetts General Laws - Attachments; laws applicable - Chapter 208, Section 14
The laws relative to attachments of real or personal property shall apply to attachments herein provided for, so far as they are consistent with the...
- Massachusetts General Laws - Mentally ill defendant; appointment and compensation of guardian - Chapter 208, Section 15
If during the pendency of an action for divorce the defendant is incapacitated by reason of mental illness, the court shall appoint a suitable guardian...
- Massachusetts General Laws - Investigation of divorce case - Chapter 208, Section 16
Any judge of a probate court wherein any action for divorce is pending may appoint an attorney to investigate and report to the court in...
- Massachusetts General Laws - Pendency of action; allowance; alimony - Chapter 208, Section 17
The court may require either party to pay into court for the use of the other party during the pendency of the action an amount...
- Massachusetts General Laws - Pendency of action for divorce; protection of personal liberty of spouse; restraint orders authorized - Chapter 208, Section 18
The probate court in which the action for divorce is pending may, upon petition of the wife, prohibit the husband, or upon petition of the...
- Massachusetts General Laws - Pendency of action for divorce; custody of children - Chapter 208, Section 19
The court may in like manner, upon application of either party or of a next friend in behalf of the minor children of the parties,...
- Massachusetts General Laws - Continuance of action; temporary separation - Chapter 208, Section 20
The court may, without entering a judgment of divorce, order the action continued upon the docket from time to time, and during such continuance may...
- Massachusetts General Laws - Judgment denying divorce; living apart for justifiable cause; authorization - Chapter 208, Section 20A
If, after a hearing, the allegations of an action for divorce are not sustained, the court may, if the facts warrant, enter a judgment denying...
- Massachusetts General Laws - Divorce judgments; entry - Chapter 208, Section 21
Judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from the entry thereof,...
- Massachusetts General Laws - Desertion; proof - Chapter 208, Section 22
In order to establish grounds for divorce for desertion, the plaintiff shall establish that the defendant left voluntarily and without justification and with intent not...
- Massachusetts General Laws - Resumption of former name by woman - Chapter 208, Section 23
The court granting a divorce may allow a woman to resume her maiden name or that of a former husband.
- Massachusetts General Laws - Divorced parties; remarriage - Chapter 208, Section 24
After a judgment of divorce has become absolute, either party may marry again as if the other were dead.
- Massachusetts General Laws - Certificate of divorce; contents - Chapter 208, Section 24A
The court, in issuing a copy of, or a certificate relating to, a decree of divorce entered by it, shall cause to be printed or...
- Massachusetts General Laws - Divorce for adultery of wife; legitimacy of issue - Chapter 208, Section 25
A divorce for adultery committed by the wife shall not affect the legitimacy of the issue of the marriage, but such legitimacy, if questioned, shall...
- Massachusetts General Laws - Repealed, 1949, 76, Sec. 1 - Chapter 208, Section 26
Repealed, 1949, 76, Sec.
- Massachusetts General Laws - Curtesy or dower after divorce - Chapter 208, Section 27
After a divorce, a husband or wife shall not be entitled to curtesy or dower in the land of the other spouse.
- Massachusetts General Laws - Children; care, custody and maintenance; child support obligations; provisions for education and health insurance; parents convicted of first degree murder - Chapter 208, Section 28
Upon a judgment for divorce, the court may make such judgment as it considers expedient relative to the care, custody and maintenance of the minor...
- Massachusetts General Laws - Temporary care; custody and maintenance of minor children - Chapter 208, Section 28A
During the pendency of an action seeking a modification of a judgment for divorce, upon motion of either party or of a next friend on...
- Massachusetts General Laws - Minor children; foreign divorces, care and custody - Chapter 208, Section 29
If, after a divorce has been adjudged in another jurisdiction, minor children of the marriage are inhabitants of, or residents in this commonwealth, the probate...
- Massachusetts General Laws - Minor children; removal from commonwealth; prohibition - Chapter 208, Section 30
A minor child of divorced parents who is a native of or has resided five years within this commonwealth and over whose custody and maintenance...
- Massachusetts General Laws - Custody of children; shared custody plans - Chapter 208, Section 31
For the purposes of this section, the following words shall have the following meaning unless the context requires otherwise: “Sole legal custody”, one parent shall...
- Massachusetts General Laws - Visitation and custody orders; consideration of abuse toward parent or child; best interest of child - Chapter 208, Section 31A
In issuing any temporary or permanent custody order, the probate and family court shall consider evidence of past or present abuse toward a parent or...
- Massachusetts General Laws - Child; bringing before court; writ of habeas corpus - Chapter 208, Section 32
Any court having jurisdiction of actions for divorce or nullity of marriage, separate support, or maintenance, or of any other proceeding in which the care...
- Massachusetts General Laws - Jurisdiction; procedure - Chapter 208, Section 33
The court may, if the course of proceeding is not specially prescribed, hear and determine all matters coming within the purview of this chapter according...
- Massachusetts General Laws - Alimony or assignment of estate; determination of amount; health insurance - Chapter 208, Section 34
Upon divorce or upon a complaint in an action brought at any time after a divorce, whether such a divorce has been adjudged in this...
- Massachusetts General Laws - Alimony judgment ordering conveyance; effect - Chapter 208, Section 34A
Whenever a judgment for alimony shall be made in a proceeding for divorce directing that a deed, conveyance or release of any real estate or...
- Massachusetts General Laws - Order to vacate marital home - Chapter 208, Section 34B
Any court having jurisdiction of actions for divorce, or for nullity of marriage or of separate support or maintenance, may, upon commencement of such action...
- Massachusetts General Laws - Orders to vacate marital home and orders of restraint; notice to law enforcement agencies; procedures; violations - Chapter 208, Section 34C
Whenever a division of the probate and family court department issues an order to vacate under the provisions of section thirty-four B, or an order...
- Massachusetts General Laws - Request for restraining order or order to vacate marital home; information provided to petitioner upon filing; domestic violence record search; outstanding warrants - Chapter 208, Section 34D
Upon the filing of a request for a restraining order pursuant to section eighteen or for an order for a spouse to vacate the marital...
- Massachusetts General Laws - Alimony; enforcement - Chapter 208, Section 35
The court may enforce judgments, including foreign decrees, for allowance, alimony or allowance in the nature of alimony, in the same manner as it may...
- Massachusetts General Laws - Security for payment of alimony or support; enforcement of judgments or orders - Chapter 208, Section 36
When alimony or support is adjudged for the spouse or children, the court may require sufficient security for its payment according to the judgment. Each...
- Massachusetts General Laws - Continuing jurisdiction to enforce alimony, support and maintenance or child support; order for trustee process - Chapter 208, Section 36A
(1) In any case in which an obligor is under court order to pay alimony or support and maintenance or child support in an action...
- Massachusetts General Laws - Alimony; revision of judgment - Chapter 208, Section 37
After a judgment for alimony or an annual allowance for the spouse or children, the court may, from time to time, upon the action for...
- Massachusetts General Laws - Costs - Chapter 208, Section 38
In any proceeding under this chapter, whether original or subsidiary, the court may, in its discretion, award costs and expenses, or either, to either party,...
- Massachusetts General Laws - Foreign divorces; validity - Chapter 208, Section 39
A divorce adjudged in another jurisdiction according to the laws thereof by a court having jurisdiction of the cause and of both the parties shall...
- Massachusetts General Laws - Cohabitation after divorce - Chapter 208, Section 40
Persons divorced from each other cohabiting as husband and wife or living together in the same house shall be held to be guilty of adultery.
- Massachusetts General Laws - Personation - Chapter 208, Section 41
Whoever falsely personates another or wilfully and fraudulently procures a person so to do, or fraudulently procures false testimony to be given, or makes a...
- Massachusetts General Laws - Procurement of unlawful divorce - Chapter 208, Section 42
Whoever knowingly procures or obtains or assists another to procure or obtain any false, counterfeit or fraudulent divorce or judgment of divorce, or any divorce...
- Massachusetts General Laws - Advertisement to procure divorce - Chapter 208, Section 43
Whoever writes, prints or publishes, or solicits another to write, print or publish, any notice, circular or advertisement soliciting employment in the business of procuring...
- Massachusetts General Laws - Certificate of divorce; unlawful issuance - Chapter 208, Section 44
Whoever, except in compliance with an order of a court of competent jurisdiction, gives, signs or issues any writing purporting to grant a divorce to...
- Massachusetts General Laws - Criminal offenses; notice to district attorney - Chapter 208, Section 45
If a divorce is granted for a cause constituting a crime, committed within the commonwealth and within the time provided by law for making complaints...
- Massachusetts General Laws - Statistical reports; additional information - Chapter 208, Section 46
The registers of probate shall receive the statistical reports filed pursuant to section six B; and shall, upon a divorce becoming absolute, add to the...
- Massachusetts General Laws - Repealed, 1976, 486, Sec. 23 - Chapter 208, Section 47
Repealed, 1976, 486, Sec.
- Massachusetts General Laws - Definitions applicable to Secs. 49 to 55 - Chapter 208, Section 48
[Text of section applicable as provided by 2011, 124, Sec. 4.] As used in sections 49 to 55, inclusive, the following words shall, unless the...
- Massachusetts General Laws - Termination, suspension or modification of general term alimony - Chapter 208, Section 49
[Text of section applicable as provided by 2011, 124, Sec. 4.] (a) General term alimony shall terminate upon the remarriage of the recipient or the...
- Massachusetts General Laws - Termination, extension or modification of rehabilitative alimony - Chapter 208, Section 50
[Text of section applicable as provided by 2011, 124, Sec. 4.] (a) Rehabilitative alimony shall terminate upon the remarriage of the recipient, the occurrence of...
- Massachusetts General Laws - Termination of reimbursement alimony; modification; applicability of income guidelines - Chapter 208, Section 51
[Text of section applicable as provided by 2011, 124, Sec. 4.] (a) Reimbursement alimony shall terminate upon the death of the recipient or a date...
- Massachusetts General Laws - Termination of transitional alimony; modification or extension - Chapter 208, Section 52
[Text of section applicable as provided by 2011, 124, Sec. 4.] (a) Transitional alimony shall terminate upon the death of the recipient or a date...
- Massachusetts General Laws - Determination of form, amount and duration of alimony; maximum amount; income calculation; deviations; concurrent child support orders - Chapter 208, Section 53
[Text of section applicable as provided by 2011, 124, Sec. 4.] (a) In determining the appropriate form of alimony and in setting the amount and...
- Massachusetts General Laws - Remarriage of payor; income from second job or overtime work - Chapter 208, Section 54
[Text of section applicable as provided by 2011, 124, Sec. 4.] (a) In the event of the payor’s remarriage, income and assets of the payor’s...
- Massachusetts General Laws - Reasonable security for alimony in event of payor’s death; orders to maintain life insurance; modification of orders - Chapter 208, Section 55
[Text of section applicable as provided by 2011, 124, Sec. 4.] (a) The court may require reasonable security for alimony in the event of the...
Last modified: September 11, 2015