Massachusetts General Laws

Mass. Gen. Laws ch. 207, § 6 (2026)

Marriage during existence of former marriage; validity

✓ current as of July 2026

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Section 6. If a person, during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract with due legal ceremony and the parties thereto live together thereafter as husband and wife, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife was dead, that the former marriage had been annulled by a divorce, or without knowledge of such former marriage, they shall, after the impediment to their marriage has been removed by the death or divorce of the other party to the former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment, and the issue of such subsequent marriage shall be considered as the legitimate issue of both parents.

Notes of Decisions

Cited in 10 cases, 1924–2012 · leading case: Cote-Whitacre v. Dep't of Pub. Health, 446 Mass. 350 (Mass. 2006).

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Cote-Whitacre v. Dep't of Pub. Health, 446 Mass. 350 (Mass. 2006). “, G. L. c. 207, § 6 (validity of second marriage entered into where party has good faith but mistaken belief that former marriage was terminated).”

Van Bibber's Case, 179 N.E.2d 253 (Mass. 1962). · cites it 2× “207, § 6, that “If a person, during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract with due legal ceremony and the parties thereto live together thereafter as husband and wife, and such subsequent marriage…”

Commonwealth v. Barnes, 340 N.E.2d 863 (Mass. 1976). “G. L. c. 207, § 6. See *Turner v. Williams, 202 Mass.”

In re Angwafo, 899 N.E.2d 778 (Mass. 2009). “See G. L. c. 207, § 6. The special hearing officer properly attributed knowledge of the law to the respondent.”

Stamper v. Stanwood, 159 N.E.2d 865 (Mass. 1959). “427 (now G. L. c. 207, § 6), which read: “Where a marriage contract has been entered into with due legal ceremony and the parties thereafter five together as husband and wife; and where at the time of such marriage ceremony a former husband or wife of one of the parties was…”

Commonwealth v. Ross, 248 Mass. 15 (Mass. 1924). “The contention that the defendant is not guilty by reason of St. 1895, c. 427, as amended by St. 1896, c.”

Hamilton v. Hamilton, 539 N.E.2d 72 (Mass. App. Ct. 1989). · cites it 4× “Alternately, she claimed that Hamilton had obtained a valid judgment of divorce dissolving his first marriage and that her marriage, otherwise void because it occurred before judgment absolute, was saved by the provisions of G. L. c. 207, § 6. 1 At a pretrial conference, the…”

Elia-Warnken v. Elia, 972 N.E.2d 17 (Mass. 2012). “G. L. c. 207, § 6. Given our conclusion that a Vermont civil union is the equivalent of marriage in the Commonwealth, there is no merit to the plaintiff’s assertion that the fact that his marriage license states that it was his first marriage is relevant.”

Vital v. Vital, 65 N.E.2d 205 (Mass. 1946). ““There was no evidence that the former wife . . . [was] not still alive.” The court rejected the contention of the petitioner that her marriage to the respondent “became a legal marriage from and after November 13, 1922, by force of G.”

Wright v. Wright, 162 N.E. 894 (Mass. 1928). “207, *455 § 10, the marriage at Pawtucket was “null and void for all purposes in this Commonwealth with the same effect as though such prohibited marriage had been entered into in this Commonwealth,” it became a legal marriage from and after November 13, 1922, by force of G. L.…”

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