Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 33 (2026)

Jurisdiction; procedure

✓ current as of July 2026

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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.

Notes of Decisions

Cited in 14 cases, 1924–1997 · leading case: Harris v. Sannella, 509 N.E.2d 916 (Mass. 1987).

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Harris v. Sannella, 509 N.E.2d 916 (Mass. 1987). “See G. L. c. 208, § 33 (1984 ed.); G. L. c. 209, § 33 (1984 ed.”

DuMont v. Godbey, 415 N.E.2d 188 (Mass. 1981). “Divorce, but not separation, revokes will provisions for the former spouse unless the will expressly provides otherwise. G. L. c.”

Feinberg v. Diamant, 389 N.E.2d 998 (Mass. 1979). “The appellant argues that G. L. c. 208, § 33, 5 expands the Probate Court’s jurisdiction in divorce *136 proceedings in such a manner as to empower that court to issue the support order in question pursuant to a divorce decree.”

Wood v. Wood, 342 N.E.2d 712 (Mass. 1976). “221, § 1, amending G. L. c. 208, § 33, the Probate Courts were given concurrent jurisdiction over such matters in divorce and separate support proceedings.”

Bernatavicius v. Bernatavicius, 52 A.L.R. 886 (Mass. 1927). “G. L. c. 208, § 33. Historically divorce was not a branch of the common law.”

Drew v. Drew, 144 N.E. 763 (Mass. 1924). “By G. L. c. 208, § 33, the course of proceedings in divorce, unless otherwise specially prescribed, conforms “ to the course of proceedings in ecclesiastical courts or in courts of equity.”

Dee v. Dee, 296 N.E.2d 521 (Mass. App. Ct. 1973). · cites it 2× “208, § 28, to "make such decree as it considers expedient relative to the care, custody and maintenance of their minor children.”

Madden v. Madden, 269 N.E.2d 89 (Mass. 1971). “William treats Ann’s present petition as an attempt to state a basis for relief “cognizable under the general principles of equity jurisprudence, arising between husband and wife,” under G. L. c. 208, § 33, as in *364 corporated by reference by G.”

Wight v. Wight, 172 N.E. 335 (Mass. 1930). “G. L. c. 208, § 33; St. 1922, c. 532, § 7.”

Coonce v. Coonce, 255 N.E.2d 330 (Mass. 1970). “The power is derived from G. L. c. 208, § 33, which provides that “[t]he 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…”

Wallace v. Wallace, 172 N.E. 914 (Mass. 1930). “The power of the court to make orders for payments to the libellee for counsel fees and expenses in proceedings for modification of the decree in respect to custody of a child incurred after the decree for divorce has become absolute does not exist unless it is found in the…”

Gould v. Gould, 267 N.E.2d 652 (Mass. 1971). “The provision of the decree that the wife may be allowed “for use in her new apartment” necessary furniture and furnishings and the like, now contained in the home place, plus the radio, television set, stereo and records, stands on a different footing. That provision seems to…”

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