Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 1 (2026)

Causes for divorce; general provisions

✓ current as of July 2026

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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.

Notes of Decisions

Cited in 23 cases (2 in the last 5 years), 1922–2025 · leading case: Caffyn v. Caffyn, 806 N.E.2d 415 (Mass. 2004).

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Caffyn v. Caffyn, 806 N.E.2d 415 (Mass. 2004). · cites it 3× “698, amending G. L. c. 208, § 1, and inserting G. L. c.”

Goodridge v. Dep't of Pub. Health, 440 Mass. 309 (Mass. 2003). “While infertility is not a ground to void or terminate a marriage, impotency (the inability to engage in sexual intercourse) is, at the election of the disaffected spouse.”

Zildjian v. Zildjian, 391 N.E.2d 697 (Mass. App. Ct. 1979). · cites it 2× “” 7 That act amends G. L. c. 208, § 1, and provides in part: "[A] divorce shall be decreed although both parties have cause, and no defense founded upon recrimination shall be entertained by the court.”

Osborne v. Osborne, 428 N.E.2d 810 (Mass. 1981). “G. L. c. 208, § 1, as appearing in St. 1975, c.”

Moore v. Moore, 448 N.E.2d 1255 (Mass. 1983). “1 The parties were divorced in 1974 pursuant to G. L. c. 208, § 1. Since the divorce decree was entered in 1974, there are no issues before us under G.”

Beninati v. Beninati, 468 N.E.2d 644 (Mass. App. Ct. 1984). “208, or in logic, which renders that result contrary to law. *536 The policy that mandates a cooling-off period in irretrievable breakdown, i.”

Curtiss v. Curtiss, 136 N.E. 829 (Mass. 1922). · cites it 2× “It is brought by the wife against the husband for a divorce for cruel and abusive treatment as provided in G. L. c. 208, § 1. The question common to all the cases, is, whether upon the facts reported, the libellant as matter of law is entitled to a decree.”

Commonwealth v. Stowell, 449 N.E.2d 357 (Mass. 1983). “See G. L. c. 208, § 1. We take judicial notice that the act of adultery frequently has a destructive impact on the marital relationship and is a factor in many divorces.”

Poor v. Poor, 409 N.E.2d 758 (Mass. 1980). “See G. L. c. 208, §§ 1, 28, 34; G. L. c. 209, §§ 32, 37; Spellens v.”

Fiorentino v. Prob. Court, 310 N.E.2d 112 (Mass. 1974). “[12] Factors which might be considered would be: whether the libellant has a Massachusetts driver's license and automobile registration; whether he or she has purchased a home or has leased an apartment in the Commonwealth; the term of any apartment lease; whether any children…”

Lavin v. Lavin, 508 N.E.2d 640 (Mass. App. Ct. 1987). · cites it 2× “208, § 1B; the second on the wife’s cross-complaint under G. L. c. 208, § 1, based on cruel and abusive treatment.”

Callan v. Callan, 181 N.E. 736 (Mass. 1932). “G. L. c. 208, § 1. A decree nisi granting divorce on both grounds was entered and the libellee appealed.”

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