Divorce Berkshire Massachusetts Adultery Cruel Abusive Treatment Lawyer
Patrick v. Patrick
Plaintiff husband appealed an order of the Family Court Department of Berkshire (Massachusetts), which dismissed his complaint for divorce on the ground of adultery because it had awarded plaintiff wife a divorce on the ground of cruel and abusive treatment.
If you are facing a divorce case in Berkshire, Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.
The Massachusetts Court made the following holding:
- A judge has no discretion to deny a divorce to a complainant who has proven grounds therefor. The grant of a divorce nisi to one of the parties does not necessarily make the other party’s complaint academic. The parties continue to be married during the nisi period. Under Mass. Gen. Laws ch. 208, § 21, a complainant who is awarded a judgment of divorce nisi ordinarily has a right of dismissal prior to the expiration of the nisi period, subject to terms.
- Matters such as custody, support, and alimony are not affected by such general considerations as the relative moral rectitude of the spouses or which spouse is awarded the divorce.
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These summaries are provided by the Gilmore & Sris Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The Original opinions should be consulted for their authoritative content.