Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 4 (2026)

Causes for divorce; domicile of parties

✓ current as of July 2026

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Section 4. A divorce shall not, except as provided in the following section, be adjudged if the parties have never lived together as husband and wife in this commonwealth; nor for a cause which occurred in another jurisdiction, unless before such cause occurred the parties had lived together as husband and wife in this commonwealth, and one of them lived in this commonwealth at the time when the cause occurred.

Notes of Decisions

Cited in 14 cases, 1922–2019 · leading case: Fiorentino v. Prob. Court, 310 N.E.2d 112 (Mass. 1974).

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Fiorentino v. Prob. Court, 310 N.E.2d 112 (Mass. 1974). · cites it 15× “[14] It is worth noting that G.L.c. 208, §§ 4 and 5. themselves contain implicit legislative assertions of confidence in the ability of the judges of Massachusetts divorce courts to determine domicil without having to rely on durational *23 residence requirements.”

Miller v. Miller, 861 N.E.2d 393 (Mass. 2007). · cites it 3× “She found that the court had subject matter jurisdiction pursuant to G. L. c. 208, § 4, because the wife determined that the marriage was irretrievably broken down while she was domiciled in Massachusetts.”

Windsor v. Windsor, 700 N.E.2d 838 (Mass. App. Ct. 1998). · cites it 2× “See G. L. c. 208, §§ 4 & 5; Williams v. North Carolina, 317 U.”

Caffyn v. Caffyn, 806 N.E.2d 415 (Mass. 2004). “The other jurisdictional statute, G. L. c. 208, § 4, provides: “A divorce shall not, except as provided in the following section, be adjudged if the parties have never lived together as husband and wife in this commonwealth; nor for a cause which occurred in another…”

Cerutti-O'Brien v. Cerutti-O'Brien, 928 N.E.2d 1002 (Mass. App. Ct. 2010). · cites it 2× “The judge’s decision focuses on the requirement in G. L. c. 208, § 4, that one of the parties to the marriage must have “lived in this Commonwealth at the time the cause [of the breakdown] occurred.”

E.N. v. E.S., 852 N.E.2d 1104 (Mass. App. Ct. 2006). “See G. L. c. 208, §§ 4, 5. This argument appears to be grounded (in large part) in the theory that the Probate and Family Court lacked personal jurisdiction over him as he had not been a resident of Massachusetts.”

Qiuyue Shao v. Yue Ma, 861 N.E.2d 788 (Mass. App. Ct. 2007). “215, § 3; G. L. c. 208, §§ 4, 5. That jurisdiction is not extinguished by a subsequent proceeding in China.”

Peace v. Peace, 288 N.E.2d 602 (Mass. 1972). · cites it 2× “” The case was presented to this court solely on the basis of the original record of pleadings in the Probate Court and on the brief and the oral argument of counsel for the libellant.”

Katz v. Katz, 174 N.E. 202 (Mass. 1931). · cites it 2× “G. L. c. 208, § 4, provides: “ A divorce shall not, except as provided in the following section, be decreed if the parties have never lived together as husband and wife in this Commonwealth; nor for a cause which occurred in another jurisdiction, unless before such cause…”

Hayes v. Hayes, 152 N.E. 91 (Mass. 1926). “The judge found that the libellee had been guilty of cruel and abusive treatment; but found that the parties had not lived together in this Commonwealth as husband and wife, that the husband had not established a domicil in this Commonwealth, that the libellant had not resided…”

Brandon-Thomas v. Brandon-Thomas, 163 So. 3d 644 (Fla. 2d DCA 2015). · cites it 2× “208 § 5 (allowing divorce after one-year residence or if plaintiff lives in commonwealth at time of filing and cause occurred within the commonwealth, "unless it appears that the plaintiff has removed into this commonwealth for the purpose of obtaining a divorce"); see also…”

Newth v. Newth, 135 N.E. 551 (Mass. 1922). “152, § 4 (see now G. L. c. 208, § 4), provides “A divorce shall not .”

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