Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 5 (2026)

Causes for divorce; exceptions to Sec. 4

✓ current as of July 2026

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Section 5. If the plaintiff has lived in this commonwealth for one year last preceding the commencement of the action if the cause occurred without the commonwealth, or if the plaintiff is domiciled within the commonwealth at the time of the commencement of the action and the cause occurred within the commonwealth, a divorce may be adjudged for any cause allowed by law, unless it appears that the plaintiff has removed into this commonwealth for the purpose of obtaining a divorce.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1923–2025 · 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 5× “This case raises the first impression question whether a plaintiff in a divorce action who has not complied with the one-year residency requirement of G. L. c. 208, § 5, may, nevertheless, satisfy the alternative jurisdictional requirements of § 5, by asserting domicil after a…”

Miller v. Miller, 861 N.E.2d 393 (Mass. 2007). · cites it 2× “The family took a trip to Europe after the wife had decided to move.”

Fiorentino v. Prob. Court, 310 N.E.2d 112 (Mass. 1974). · cites it 4× “Such a presumption surely serves to protect the divorce courts of Massachusetts from actions based on fraudulent claims of domicil by temporary residents.”

Charara v. Yatim, 937 N.E.2d 490 (Mass. App. Ct. 2010). · cites it 2× “Thus, the jurisdictional requirements of G. L. c. 208, § 5, would be met “if the plaintiff is domiciled within the commonwealth at the time of the commencement of the action.”

Hodas v. Morin, 442 Mass. 544 (Mass. 2004). “G. L. c. 208, § 5 (in proceeding for divorce, plaintiff must be domiciled in Mas *548 sachusetts); G.”

Cerutti-O'Brien v. Cerutti-O'Brien, 928 N.E.2d 1002 (Mass. App. Ct. 2010). · cites it 3× “400, § 9, provides that “[a] divorce shall not, except as provided in [G. L. c. 208, § 5], 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…”

E.N. v. E.S., 852 N.E.2d 1104 (Mass. App. Ct. 2006). “Putting to one side the fact that the father did not appeal from the judgment of divorce nisi, to the extent he is challenging the divorce itself, he filed an answer to the mother’s complaint and admitted that the mother had resided in Massachusetts for more than twelve…”

Harding v. Townsend, 182 N.E. 369 (Mass. 1932). “Like jurisdiction to that asserted by this Commonwealth over marriage and divorce where one spouse only is a resident of this Commonwealth, G. L. c. 208, § 5, Franklin v. Franklin, 154 Mass.”

Hayes v. Hayes, 152 N.E. 91 (Mass. 1926). “The courts of this Commonwealth have no jurisdiction to grant a divorce if the parties have never lived together as husband and wife in Massachusetts, G.”

Rose v. Rose (Mass. App. Ct. 2019). · cites it 3× “f the parties have never lived together as husband and wife in this [C]ommonwealth; 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 [C]ommonwealth, and one of them lived in this…”

Amato v. Amato, 138 N.E. 542 (Mass. 1923). “G. L. c. 208, § 5. The material allegation is, that the libellee at “Brooklyn, in the State of New York, .”

Matthew John Lee v. Mary Beth Lee. (Mass. App. Ct. 2025). · cites it 2× “"Where parties to a divorce action have never lived together as spouses in Massachusetts, a divorce may not be adjudged unless the plaintiff has satisfied either (1) the 'one- year residency requirement' under G. L. c. 208, § 5 (§ 5); or (2) the 'alternative jurisdictional…”

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