Massachusetts General Laws

Mass. Gen. Laws ch. 207, § 8 (2026)

Prohibited marriages void without judgment

✓ current as of July 2026

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Section 8. A marriage solemnized within the commonwealth which is prohibited by reason of consanguinity or affinity between the parties, or of either of them having a former wife or husband living, shall be void without a judgment of divorce or other legal process.

Notes of Decisions

Cited in 4 cases, 1980–2012 · leading case: Goodridge v. Dep't of Pub. Health, 440 Mass. 309 (Mass. 2003).

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Goodridge v. Dep't of Pub. Health, 440 Mass. 309 (Mass. 2003). “See also G. L. c. 207, § 8 (marriages solemnized in violation of §§ 1, 2, and 4, are void ab initia).”

Cote-Whitacre v. Dep't of Pub. Health, 446 Mass. 350 (Mass. 2006). “” G. L. c. 207, § 8. A polygamous marriage, except as specifically provided, is also “void.”

Elia-Warnken v. Elia, 972 N.E.2d 17 (Mass. 2012). · cites it 3× “G. L. c. 207, § 8. We apply principles of comity to determine whether the plaintiff’s Vermont civil union is the equivalent of marriage in the Commonwealth and, therefore, under the purview of the polygamy statutes.”

Thompson v. Harris, 504 F. Supp. 653 (D. Mass. 1980). “2d 637 (1948), citing Mass.Gen.Laws ch. 207 §8. The Secretary concedes that Massachusetts follows the general rule that domicile is a jurisdictional prerequisite to a valid judgment of divorce.”

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