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2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 40 - Solemnization of Marriage; Records; Returns

Section 40. Every justice of the peace, minister of the gospel, minister of the Unitarian Universalist Association, rabbi, secretary of a Spiritual Assembly of the Baha'is, leader of an Ethical Culture Society, duly ordained priest or minister of the Buddhist religion, Imam of the Orthodox Islamic religion, clerk or keeper of the records of a meeting wherein marriages among Friends or Quakers are solemnized, nonresident justice of a court and any person authorized to solemnize marriages according to the usage of any other church or religious organization which shall have complied with the provisions of the second paragraph of section thirty-eight shall make and keep a record of each marriage solemnized by him, or in such meeting, and of all facts relative to the marriage required to be recorded by section one of chapter forty-six. He shall also return each certificate issued under section twenty-eight no later than the tenth day of the month following each month in which marriages are solemnized by him to the clerk or registrar who issued the same. Each certificate and copy so returned shall contain a statement giving the place and date of marriage, attested by the signature of the person who solemnized the same, or of said secretary of a Spiritual Assembly of the Baha'is or of said leader of an Ethical Culture Society, or of said duly ordained priest or minister of the Buddhist religion, or Imam of the Orthodox Islamic religion, or of said clerk or keeper of the records of a Friends or Quaker Monthly Meeting or any person authorized to solemnize marriages according to the usage of any other church or religious organization which shall have complied with the provisions of the second paragraph of section thirty-eight. The person who solemnized the marriage shall add the title of the office by virtue of which the marriage was solemnized, as ''justice of the peace'', ''minister of the gospel'', ''clergyman'', ''priest'', ''rabbi'', ''authorized representative of a Spiritual Assembly'', ''leader of an Ethical Culture Society'', or ''duly ordained priest or minister of the Buddhist religion'', or ''Imam of the Orthodox Islamic religion'', or other appropriate title, and his residence. All certificates or copies so returned shall be recorded by the clerk or registrar receiving them.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 41 - Solemnization of Marriage; Imperfect Certificates; Correction

Section 41. If a certificate of marriage is found, upon its return to the clerk or registrar, to have been incorrectly filled out by the person who solemnized a marriage under it, the clerk or registrar shall have it corrected and shall enforce the penalties provided by law relative thereto. Such imperfect certificates shall be recorded and indexed by the clerk or registrar.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 42 - Irregular Solemnization of Marriage; Validity

Section 42. A marriage solemnized by a person professing to have the authority to solemnize marriages under section thirty-eight or thirty-nine shall not be void, nor shall the validity thereof be in any way affected by want of authority in such person or society, or by an omission or by informality in the manner of filing the notice of intention, if the marriage is in other respects lawful and is consummated with a full belief of either of the persons so married that they have been lawfully married.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 44 - Solemnization of Marriage; Fees

Section 44. A city by ordinance and a town by vote may authorize its clerk or registrar to pay on demand, in his office, twenty-five cents to any person who has legally solemnized a marriage in the commonwealth, after the receipt by such clerk or registrar of the certificate in legal form of the solemnization of such marriage. A city or town which passes such ordinance or vote shall annually appropriate the money necessary therefor, and the clerk or registrar thereof shall file quarterly with the treasurer or other proper financial officer of said city or town proper vouchers for all such payments.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 47 - Evidence of Marriage; Admissions; Repute; Cohabitation

Section 47. Marriage may be proved by evidence of an admission thereof by an adverse party, by evidence of general repute or of cohabitation of the parties as married persons, or of any other fact from which it may be inferred.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 48 - Solemnization of Marriage Without Authority; Penalty

Section 48. Whoever, not being duly authorized by the laws of the commonwealth, undertakes to join persons in marriage therein shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 49 - Joining Persons in Marriage Without Certificate; Penalty

Section 49. Whoever, being duly authorized to solemnize marriages in the commonwealth, joins in marriage persons who have not complied with the laws relative to procuring certificates of notice of intention of marriage shall be punished by a fine of not more than five hundred dollars.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 51 - Violation of Certain Provisions of This Chapter; Penalty

Section 51. Violations of any provision of section 7 or 26, shall, upon complaint made within one year thereafter, be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 52 - Violation of Law Concerning Making Notice of Intention; False Statements; Penalty

Section 52. Whoever violates any provision of section twenty, and whoever falsely swears or affirms in making any statement required under section twenty, shall be punished by a fine of not more than one hundred dollars.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 57 - Certificate of Intention of Marriage; Failure to Return; Penalty

Section 57. Whoever performs a ceremony of marriage upon a certificate more than sixty days after the filing of the notice of intention of marriage as set forth in such certificate, and whoever having taken out such certificate and not having used it fails to return it, within sixty days after such filing, to the office issuing the same, shall be punished by a fine of not more than ten dollars.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 207 - Marriage › Section 58 - Advertising to Perform Marriage Ceremony; Penalty for Illegal Advertising; Business Cards

Section 58. A justice of the peace or other person authorized to solemnize marriages may advertise his name or any trade name, business address, telephone number, rate of compensation as provided by law, regular hours of availability and any ability in a second language and any present or former professional affiliation, in any newspaper, magazine, telephone directory or other publication of general circulation. Whoever advertises to perform or to procure the performance of a marriage ceremony by any other means shall be punished by a fine of not less than ten nor more than one hundred dollars; provided, however, that this section shall not be construed to prohibit the use of a business card by a justice of the peace or other person authorized to perform marriage ceremonies; and provided, further, that if a justice of the peace uses a business card said card shall not display the seal of the commonwealth.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 1 - Causes for Divorce; General Provisions

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 the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse, or for an irretrievable breakdown of the marriage as provided in sections one A and B; provided, however, that a divorce shall be adjudged although both parties have cause, and no defense upon recrimination shall be entertained by the court.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 1b - Causes for Divorce; Irretrievable Breakdown of Marriage; Commencement of Action; Waiting Period; Unaccompanied Complaint; Procedure

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 the signed statement and dissolution agreement of the parties required in section one A.
No earlier than six months after the filing of the complaint, there shall be a hearing and the court may enter a judgment of divorce nisi if the court finds that there has existed, for the period following the filing of the complaint and up to the date of the hearing, a continuing irretrievable breakdown of the marriage.
Notwithstanding the foregoing, at the election of the court hereunder, the aforesaid six month period may be waived to allow the consolidation for the purposes of hearing a complaint commenced under this section with a complaint for divorce commenced by the opposing party under section one.
The filing of a complaint for divorce under this section shall not affect the ability of the defendant to obtain a hearing on a complaint for divorce filed under section one, even if the aforesaid six month period has not yet expired.
Said six month period shall be determined from the filing of a complaint for divorce. In the event that a complaint for divorce is commenced in accordance with the provisions of section one A or is for a cause set forth under section one, and said complaint is later amended to set forth the ground established in this section, the six month period herein set forth shall be computed from the date of the filing of said complaint.
As part of the entry of the judgment of divorce nisi, appropriate orders shall be made by the court with respect to custody, support and maintenance of children, and, in accordance with the provisions of section thirty-four, for alimony and for the disposition of marital property.
Nothing in the foregoing shall prevent the court, at any time prior to judgment, from making temporary orders for custody, support and maintenance or such other temporary orders as it deems appropriate, including referral of the parties and the children, if any, for marriage or family counseling.
Prior to the entry of judgment under this section, in the event that the parties file the statement and dissolution agreement as required under section one A hereinabove, then said action for divorce shall proceed under said section one A.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 2 - Causes for Divorce; Confinement for Crime

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 penal institution or in a penal or reformatory institution in this or any other state; and, after a divorce for such cause, no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 3 - Causes for Divorce; Absence; Presumption of Death

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 for such time and under such circumstances as would raise a presumption of death.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 4 - Causes for Divorce; 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.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 5 - Causes for Divorce; Exceptions to Sec. 4

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.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 6 - Venue of Libel

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 if either party still resides in the county where the parties last lived together, the action shall be heard and determined in a court for that county. In the event of hardship or inconvenience to either party, the court having jurisdiction may transfer such action for hearing to a court in a county in which such party resides.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 6b - Filing of Action; Statistical Report

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, upon a form prepared by the commissioner of public health and made available through the office of the register of probate, to include the name, residence, date of birth and social security number of each of the parties, the name of the plaintiff, the number of times each of the parties had been married before, if any, the date of the marriage being dissolved, the number of children born of such marriage, if any, the name and date of birth of each such child, the number of minor children in the care and custody of the parties, if any, and such additional information as the commissioner of public health deems useful for statistical and research purposes. The state registrar may make such information available to the IV–D agency as set forth in chapter 119A and such other state or federal agencies as may be required by law.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 11 - Ex Parte Hearing; Allowance or Denial of Motion to Insert Name of Third Person

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 for said amendment shall not be read in open court during the proceedings, but the register of probate shall make an entry in the docket of ''Motion to insert name of third person allowed'' or ''Motion to insert name of third person denied'', as the case may be. If the amendment is allowed upon affidavits, they shall be retained in the court and placed in the custody of the register, and shall be open for the purposes of inspection, and taking copies thereof, to counsel of record, the parties or the third person named in the amendment.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 12 - Libels for Divorce; Spouse's Property; Attachment

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 attached to secure suitable support and maintenance to the plaintiff and to such children as may be committed to his care and custody.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 13 - Libels for Divorce; Attachment; Manner

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 law, for an amount which shall be expressed in the summons or order of notice. The attachment may be made by trustee process, in which case there shall be inserted in the summons or order of notice a direction to attach the goods, effects and credits of the defendant in the hands of the alleged trustee, and service shall be made upon the trustee by copy. If attachment is made by trustee process, the action shall be filed as provided in section six notwithstanding the provisions of section two of chapter two hundred and forty-six. The court may in such cases make all necessary orders to secure to the trustee his costs. The attachment may be made by injunction, as in suits in equity, to reach shares of stock or other property which cannot be reached to be attached as in an action at law, and the property so attached may thereafter, by appropriate order, be applied to the satisfaction of any order or decree for the payment of money by one spouse to the other for his support and maintenance or that of the children.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 15 - Libels for Divorce; Mentally Ill Defendant; Appointment and Compensation of Guardian

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 to appear and answer in like manner as a guardian for an infant defendant in any civil action may be appointed. The compensation of such guardian shall be determined by the court, and, together with his necessary expenses, shall be paid by the plaintiff if the court so orders.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 16 - Investigation of Divorce Case

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 relation thereto and may direct such attorney, or any other attorney, to defend the action. The attorney may be appointed either before or after a judgment of divorce nisi has been granted, and may enter objections to such judgment nisi becoming absolute in the same manner as the defendant. His compensation shall be fixed by the court, and shall be paid by the commonwealth, together with any expenses approved by the court, upon certificate by a justice to the state treasurer. The state police, local police and probation officers shall assist the attorneys so appointed, upon his request.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 17 - Pendency of Action; Allowance; Alimony

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 to enable him to maintain or defend the action, and to pay to him alimony during the pendency of the action. When the court makes an order for alimony on behalf of a party, and such party is not a member of a private group health insurance plan, the court shall include in such order for alimony a provision relating to health insurance, which provision shall be in accordance with section thirty-four.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 18 - Pendency of Action for Divorce; Protection of Personal Liberty of Spouse; Restraint Orders Authorized

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 husband, prohibit the wife from imposing any restraint upon her or his personal liberty during the pendency of the action for divorce. Upon the petition of the husband or wife or the guardian of either, the court may make such further order as it deems necessary to protect either party or their children, to preserve the peace or to carry out the purposes of this section relative to restraint on personal liberty.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 19 - Pendency of Action for Divorce; Custody of Children

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, make such order relative to the care and custody of such children during the pendency of the action for divorce as it may consider expedient and for their benefit.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 20 - Continuance of Action; Temporary Separation

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 make orders relative to a temporary separation of the parties, the separate maintenance of either spouse and the custody and support of minor children. Such orders may be changed or annulled as the court may determine, and shall, while they are in force, supersede any order of the probate court under section thirty-two of chapter two hundred and nine and may suspend the right of said court to act under said section. When the court makes an order for maintenance of a spouse or support of a minor child, and such spouse or child is not a member of a private group health insurance plan, the court shall include in such order a provision relating to health insurance, which provision shall be in accordance with section thirty-four.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 20a - Judgment Denying Divorce; Living Apart for Justifiable Cause; Authorization

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 the divorce and making a finding that the plaintiff is living apart from the defendant for justifiable cause, and may make such order relative to the support of either spouse and the care, custody of and maintenance of the minor children of the parties as the circumstances require. The various provisions of chapter two hundred and nine which relate to proceedings commenced under section thirty-two thereof shall be applicable to this section.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 21 - Divorce Judgments; Entry

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, unless the court within said period, for sufficient cause, upon application of any party to the action, otherwise orders. After the entry of a judgment nisi, the action shall not be dismissed or discontinued on motion of either party except upon such terms, if any, as the court may order after notice to the other party and a hearing, unless there has been filed with the court a memorandum signed by both parties, wherein they agree to such disposition of the action.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 22 - Libels for Divorce; Desertion; Proof

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 to return, that at the time such defendant left, the plaintiff did not consent thereto, and that the defendant failed to cohabit with the plaintiff for at least one year next prior to the date of the filing of the action. An action for divorce for desertion shall not be defeated by a temporary return or other act of the defendant if the court finds that such return or other act was not made or done in good faith, but with intent to defeat such action. The prior filing of an action for divorce or separate support shall not be deemed to raise a conclusive presumption to defeat an action for divorce for desertion.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 25 - Divorce for Adultery of Wife; Legitimacy of Issue

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 be tried and determined according to the course of the common law.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 28a - Temporary Care; Custody and Maintenance of Minor Children

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 behalf of the minor children of the parties and notice to the other party or parties, the court may make temporary orders relative to the care, custody and maintenance of such children. Every order entered relative to care and custody shall include specific findings of fact made by the court which clearly demonstrate the injury, harm or damage that might reasonably be expected to occur if relief pending a judgment of modification is not granted. An order entered relative to care and custody, pursuant to this section, may only be entered without advance notice if the court finds that an emergency exists, the nature of which requires the court to act before the opposing party or parties can be heard in opposition. In all such cases, such order shall be for a period not to exceed five days and written notice of the issuance of any such order and the reasons therefor shall be given to the opposing party or parties together with notice of the date, time and place that a hearing on the continuation of such order will be held.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 29 - Minor Children; Foreign Divorces, Care and Custody

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 court for the county in which said minors or any of them are inhabitants or residents, upon an action of either parent or of a next friend in behalf of the children, after notice to both parents, shall have the same power to make judgments relative to their care, custody, education and maintenance, and to revise and alter such judgments or make new judgments, as if the divorce had been adjudged in this commonwealth.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 30 - Minor Children; Removal From Commonwealth; Prohibition

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 a probate court has jurisdiction shall not, if of suitable age to signify his consent, be removed out of this commonwealth without such consent, or, if under that age, without the consent of both parents, unless the court upon cause shown otherwise orders. The court, upon application of any person in behalf of such child, may require security and issue writs and processes to effect the purposes of this and the two preceding sections.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 32 - Child; Bringing Before Court; Writ of Habeas Corpus

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 and custody of any child is drawn in question, may issue a writ of habeas corpus to bring before it such child. The writ may be made returnable forthwith before the court by which it is issued, and, upon its return, said court may make any appropriate order or judgment relative to the child who may thus be brought before it.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 33 - Jurisdiction; Procedure

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 to the course of proceedings in ecclesiastical courts or in courts of equity, and may issue process of attachment and execution and all other proper and necessary processes. In such proceedings the court shall have jurisdiction in equity of all causes cognizable under the general principles of equity jurisprudence, arising between husband and wife, such jurisdiction to be exercised in accordance with the usual course of practice in equity proceedings.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 34 - Alimony or Assignment of Estate; Determination of Amount; Health Insurance

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 commonwealth or another jurisdiction, the court of the commonwealth, provided there is personal jurisdiction over both parties, may make a judgment for either of the parties to pay alimony to the other under sections 48 to 55, inclusive. In addition to or in lieu of a judgment to pay alimony, the court may assign to either husband or wife all or any part of the estate of the other, including but not limited to, all vested and nonvested benefits, rights and funds accrued during the marriage and which shall include, but not be limited to, retirement benefits, military retirement benefits if qualified under and to the extent provided by federal law, pension, profit-sharing, annuity, deferred compensation and insurance. In fixing the nature and value of the property, if any, to be so assigned, the court, after hearing the witnesses, if any, of each of the parties, shall consider the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties, the opportunity of each for future acquisition of capital assets and income, and the amount and duration of alimony, if any, awarded under sections 48 to 55, inclusive. In fixing the nature and value of the property to be so assigned, the court shall also consider the present and future needs of the dependent children of the marriage. The court may also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit. When the court makes an order for alimony on behalf of a spouse, said court shall determine whether the obligor under such order has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the spouse for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support order a requirement that the obligor do one of the following: exercise the option of additional coverage in favor of the spouse, obtain coverage for the spouse, or reimburse the spouse for the cost of health insurance. In no event shall the order for alimony be reduced as a result of the obligor's cost for health insurance coverage for the spouse.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 34a - Alimony Judgment Ordering Conveyance; Effect

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 interest therein shall be made such judgment shall create an equitable right to its enforcement, subject to the provisions for recording of notice in section fifteen of chapter one hundred and eighty-four, in the party entitled thereto by the judgment, and if the judgment has not been complied with at the time the judgment of divorce becomes absolute, and is thereafter recorded in the manner provided by section forty-four of chapter one hundred and eighty-three, then the judgment itself shall operate to vest title to the real estate or interest therein in the party entitled thereto by the judgment as fully and completely as if such deed, conveyance or release had been duly executed by the party directed to make it.
No assignment, transfer or conveyance, from one spouse to the other, under this section or under a separation agreement, of real estate which is encumbered by a mortgage shall be deemed a transfer or divestment of said mortgage under the provisions of mortgage covenants, which provide that the debt secured by said mortgage becomes due and payable on demand upon transfer or divestment to anyone other than the mortgagor.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 34b - Order to Vacate Marital Home

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 and during the pendency thereof, order the husband or wife to vacate forthwith the marital home for a period of time not exceeding ninety days, and upon further motion for such additional certain period of time, as the court deems necessary or appropriate if the court finds, after a hearing, that the health, safety or welfare of the moving party or any minor children residing with the parties would be endangered or substantially impaired by a failure to enter such an order. The opposing party shall be given at least three days' notice of such hearing and may appear and be heard either in person or by his attorney. If the moving party demonstrates a substantial likelihood of immediate danger to his or her health, safety or welfare or to that of such minor children from the opposing party, the court may enter a temporary order without notice, and shall immediately thereafter notify said opposing party and give him or her an opportunity to be heard as soon as possible but not later than five days after such order is entered on the question of continuing such temporary order. The court may issue an order to vacate although the opposing party does not reside in the marital home at the time of its issuance, or if the moving party has left such home and has not returned there because of fear for his or her safety or for that of any minor children.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 34c - Orders to Vacate Marital Home and Orders of Restraint; Notice to Law Enforcement Agencies; Procedures; Violations

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 prohibiting a person from imposing any restraint on the personal liberty of another person under section eighteen or under the provisions of section thirty-two of chapter two hundred and nine or section three, four or five of chapter two hundred and nine A or section fifteen or twenty of chapter two hundred and nine C or an order for custody pursuant to any abuse prevention action, the register shall transmit two certified copies of each order forthwith to the appropriate law enforcement agency which shall serve one copy of each such order upon the defendant. Unless otherwise ordered by the court, service shall be by delivering a copy in hand to the defendant. Law enforcement officers shall use every reasonable means to enforce such order. Law enforcement agencies shall establish procedures adequate to insure that an officer at the scene of an alleged violation of such order may be informed of the existence and terms of such order.
The court shall notify the appropriate law enforcement agency in writing whenever any such order is vacated by the court and shall direct the agency to destroy all records of such vacated order and such agency shall comply with such directive.
Any violation of such order shall be punishable by a fine of not more than five thousand dollars or by imprisonment for not more than two and one-half years in the house of correction, or both such fine and imprisonment. Each such order issued shall contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
Any such violation may be enforced in the superior or district or Boston municipal court departments. Criminal remedies provided herein are not exclusive and do not preclude any other available civil or criminal remedies. The superior, probate and family, district and Boston municipal court departments may each enforce by civil contempt procedure a violation of its own court order.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 34d - Request for Restraining Order or Order to Vacate Marital Home; Information Provided to Petitioner Upon Filing; Domestic Violence Record Search; Outstanding Warrants

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 home pursuant to section thirty-four B, a petitioner shall be informed that the proceedings hereunder are civil in nature and that violations of orders issued hereunder are criminal in nature. Further, a petitioner shall be given information prepared by the appropriate district attorney's office that other criminal proceedings may be available and such petitioner shall be instructed by such district attorney's office relative to the procedures required to initiate such criminal proceedings including, but not limited to, the filing of a complaint for a violation of section forty-three of chapter two hundred and sixty-five. Whenever possible, a petitioner shall be provided with such information in the petitioner's native language.
When considering a request for a restraining order pursuant to section eighteen or for an order for a spouse to vacate the marital home pursuant to section thirty-four B, a judge shall cause a search to be made of the records contained within the statewide domestic violence record keeping system maintained by the office of the commissioner of probation and shall review the resulting data to determine whether the named defendant has a civil or criminal record involving domestic or other violence. Upon receipt of information that an outstanding warrant exists against the named defendant, a judge shall order that the appropriate law enforcement officials be notified and shall order that any information regarding the defendant's most recent whereabouts shall be forwarded to such officials. In all instances where an outstanding warrant exists, a judge shall make a finding, based upon all of the circumstances, as to whether an imminent threat of bodily injury exists to the petitioner. In all instances where such an imminent threat of bodily injury is found to exist, the judge shall notify the appropriate law enforcement officials of such finding and such officials shall take all necessary actions to execute any such outstanding warrant as soon as is practicable.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 36 - Security for Payment of Alimony or Support; Enforcement of Judgments or Orders

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 judgment or order of support which is issued, reviewed or modified pursuant to this chapter shall conform to and shall be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 37 - Alimony; Revision of Judgment

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 modification of either party, revise and alter its judgment relative to the amount of such alimony or annual allowance and the payment thereof, and may make any judgment relative thereto which it might have made in the original action.
The court, provided there is personal jurisdiction over both parties, may modify and alter a foreign judgment, decree, or order of divorce or separate support where the foreign court did not have personal jurisdiction over both parties upon the entry of such judgment, decree or order.
The court, provided there is personal jurisdiction over both parties to a foreign judgment, decree, or order of divorce for support, where such foreign court had personal jurisdiction over both parties, 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; provided, however, that if both parties are domiciliaries of the commonwealth, then the court may modify and alter the foreign judgment in the same manner as it could have had the judgment, order, or decree been issued by the court; and provided further, that the court may not modify or alter the judgment, order or decree of a foreign jurisdiction which had personal jurisdiction over both parties concerning the division or assignment of marital assets or property.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 38 - Costs

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, whether or not the marital relation has terminated. In any case wherein costs and expenses, or either, may be awarded hereunder to a party, they may be awarded to his or her counsel, or may be apportioned between them.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 39 - Foreign Divorces; Validity

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 be valid and effectual in this commonwealth; but if an inhabitant of this commonwealth goes into another jurisdiction to obtain a divorce for a cause occurring here while the parties resided here, or for a cause which would not authorize a divorce by the laws of this commonwealth, a divorce so obtained shall be of no force or effect in this commonwealth.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 41 - Personation

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 false or fraudulent return of service of process in an action for divorce or in any proceeding connected therewith, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 42 - Procurement of Unlawful Divorce

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 or judgment of divorce from a court of another state for or in favor of a person who at the time of making application therefor was a resident of this commonwealth, such court not having jurisdiction to grant such judgment, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 208 - Divorce › Section 43 - Advertisement to Procure Divorce

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 divorces or offering inducements for the purpose of procuring such employment shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months.