Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 39 (2026)

Foreign divorces; validity

✓ current as of July 2026

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Section 39. A divorce adjudged in another jurisdiction according to the laws thereof by a court having jurisdiction of the cause and of both the parties shall be valid and effectual in this commonwealth; but if an inhabitant of this commonwealth goes into another jurisdiction to obtain a divorce for a cause occurring here while the parties resided here, or for a cause which would not authorize a divorce by the laws of this commonwealth, a divorce so obtained shall be of no force or effect in this commonwealth.

Notes of Decisions

Cited in 5 cases, 1948–2009 · leading case: Poor v. Poor, 409 N.E.2d 758 (Mass. 1980).

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Poor v. Poor, 409 N.E.2d 758 (Mass. 1980). · cites it 3× “After hearing, the judge ruled that Annette’s Haitian divorce was invalid under G. L. c. 208, § 39. 2 He concluded, however, that it would now be inequitable to permit John to challenge the validity of Annette’s Haitian divorce.”

Sherrer v. Sherrer, 334 U.S. 343 (1948). “Massachusetts has seen fit to subject its citizens to the following law: “A divorce decreed in another jurisdiction according to the laws thereof by a court having jurisdiction of the cause and of both the parties shall be valid and effectual in this commonwealth; but if an…”

Colarusso v. Teachers' Ret. Bd., 392 N.E.2d 844 (Mass. 1979). · cites it 4× “After trial without a jury in the Superior Court, the judge ruled that the Nevada divorce was invalid under G. L. c. 208, § 39, and that Marie is the "lawful spouse” under G.”

Ingersoll v. Ingersoll, 202 N.E.2d 820 (Mass. 1964). “The brief for the petitioner refers to the allegations in her answer to the husband’s petition for modification that he, immediately upon obtaining the Nevada divorce, moved to Florida in accordance with arrangements made prior to leaving Massachusetts and has contracted a…”

Vorontsova v. Waronzov, 911 N.E.2d 774 (Mass. App. Ct. 2009). “, G. L. c. 208, § 39 (“if an inhabitant of this commonwealth goes into another jurisdiction to obtain a divorce for a cause occurring here while the parties resided here, or for a cause which would not authorize a divorce by the laws of this commonwealth, a divorce so obtained…”

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