Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 15 (2026)

Libels for divorce; mentally ill defendant; appointment and compensation of guardian

✓ current as of July 2026

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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.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1928–2023 · leading case: Hoehn v. Hoehn, 418 N.E.2d 648 (Mass. App. Ct. 1981).

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Hoehn v. Hoehn, 418 N.E.2d 648 (Mass. App. Ct. 1981). · cites it 2× “The defendant contends that the judge erred in failing to appoint a guardian ad litem for her pursuant to G. L. c. 208, § 15. The docket entries in the record before us show that before trial a guardian ad litem was appointed pursuant to the provisions of G.”

Caccia v. Caccia, 663 N.E.2d 1246 (Mass. App. Ct. 1996). “In this regard, we note as well that a guardian ad litem had been appointed for the wife under G. L. c. 208, § 15, as is appropriate during the pendency of a divorce action where a party is incapacitated by reason of mental illness.”

Hillson v. Hillson, 160 N.E. 448 (Mass. 1928). “” The appointment of the guardian ad litem for the libellee appears to have been regular and in accordance with the provisions of G. L. c. 208, § 15; c. 201, § 34. There is no reason why the same person may not rightly be appointed both guardian ad litem and investigator in a…”

Fishman v. Massachusetts Prob. & Fam. Court (D. Mass. 2023). “While Fishman’s requests for accommodations were “languishing or had been denied,” the court “rendered several rulings significantly affecting [her] rights,” including taking “primary custody away from [her] and grant[ing] primary custody to [her] former spouse” and “issuing an…”

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