Massachusetts Statutes

Section 26. Whoever, without the consent of both parties to an intended marriage, gives the notice of their intention of marriage required by law shall be liable in damages to either of such parties whose name was so used without such consent. The superior court, upon petition of…

Section 27. A party to an intended marriage who has been legally adopted shall, in the notice of intention thereof, give the names of his parents by adoption; and the names of his parents may also be added.

Section 28. On or after the third day from the filing of notice of intention of marriage, except as otherwise provided, but not in any event later than sixty days after such filing, the clerk or registrar shall deliver to the parties a certificate signed by him, specifying the da…

Section 29. If either of the parties to an intended marriage has arrived as an immigrant from a foreign country within five days, the notice of intention may be filed at any time before the marriage, and the certificate required by the preceding section shall be issued at any tim…

Section 3. The prohibition of the two preceding sections shall continue notwithstanding the dissolution, by death or divorce, of the marriage by which the affinity was created, unless the divorce was granted because such marriage was originally unlawful or void.

Section 30. Upon application by both of the parties to an intended marriage, when both parties are residents of the commonwealth or both parties are non-residents, or upon application of the party residing within the commonwealth when one of the parties is a resident and the othe…

Section 31. No alteration or erasure shall be made by any person on the certificate under section twenty-eight until it has been returned to the clerk or registrar, and then only in such form and to such extent as he may prescribe. Any such certificate may be recorded after corre…

Section 33A. The clerk or registrar shall not issue a certificate under section 28 before receiving proof of age of the parties and verifying that both parties are not less than 18 years of age. Such proof shall be contained in any of the following documents, graded and taking pr…

Section 35. The clerk or registrar may refuse to issue a certificate if he has reasonable cause to believe that any of the statements contained in the notice of intention of marriage are incorrect; but he may, in his discretion, accept depositions under oath, made before him, whi…

Section 36. Any resident of this commonwealth who marries outside the commonwealth and thereafter resides within the United States or any of its territories or possessions, or the spouse or heirs-at-law of such a person, may personally present to the town clerk or registrar of th…

Section 37. The commissioner of public health shall furnish to the clerk or registrar of every town a printed list of all legal impediments to marriage, and the clerk or registrar shall forthwith post and thereafter maintain it in a conspicuous place in his office.

Section 38. A marriage may be solemnized in any place within the commonwealth by the following persons who are residents of the commonwealth: a duly ordained minister of the gospel in good and regular standing with his church or denomination, including an ordained deacon in The U…

Section 39. The governor may in his discretion designate a justice of the peace in each town and such further number, not exceeding one for every five thousand inhabitants of a city or town, as he considers expedient, to solemnize marriages, and may for a cause at any time revoke…

Section 4. A marriage contracted while either party thereto has a former wife or husband living, except as provided in section six and in chapter two hundred and eight, shall be void.

Section 40. Every justice of the peace, minister of the gospel, minister of the Unitarian Universalist Association, rabbi, secretary of a Spiritual Assembly of the Baha'is, leader of an Ethical Culture Society, duly ordained priest or minister of the Buddhist religion, Imam of th…

Section 41. If a certificate of marriage is found, upon its return to the clerk or registrar, to have been incorrectly filled out by the person who solemnized a marriage under it, the clerk or registrar shall have it corrected and shall enforce the penalties provided by law relat…

Section 42. A marriage solemnized by a person professing to have the authority to solemnize marriages under section thirty-eight or thirty-nine shall not be void, nor shall the validity thereof be in any way affected by want of authority in such person or society, or by an omissi…

Section 43. Marriages solemnized in a foreign country by a consul or diplomatic agent of the United States shall be valid in this commonwealth.

Section 44. A city by ordinance and a town by vote may authorize its clerk or registrar to pay on demand, in his office, twenty-five cents to any person who has legally solemnized a marriage in the commonwealth, after the receipt by such clerk or registrar of the certificate in l…

Section 45. The record of a marriage made and kept as provided by law by the person by whom the marriage was solemnized, or by the clerk or registrar, or a copy thereof duly certified, shall be prima facie evidence of such marriage.

Section 46. A copy of the record of a marriage solemnized by a consul or diplomatic agent of the United States or a certificate from such consul or agent shall be prima facie evidence of such marriage.

Section 47. Marriage may be proved by evidence of an admission thereof by an adverse party, by evidence of general repute or of cohabitation of the parties as married persons, or of any other fact from which it may be inferred.

Section 47A. Breach of contract to marry shall not constitute an injury or wrong recognized by law, and no action, suit or proceeding shall be maintained therefor.

Section 47B. Alienation of affection and criminal conversation shall not constitute an injury or wrong recognized by law, and no action, suit or proceeding shall be maintained therefor.

Section 48. Whoever, not being duly authorized by the laws of the commonwealth, undertakes to join persons in marriage therein shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.

Section 49. Whoever, being duly authorized to solemnize marriages in the commonwealth, joins in marriage persons who have not complied with the laws relative to procuring certificates of notice of intention of marriage shall be punished by a fine of not more than five hundred dol…

Section 51. Violations of any provision of section 7 or 26, shall, upon complaint made within one year thereafter, be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.

Section 52. Whoever violates any provision of section twenty, and whoever falsely swears or affirms in making any statement required under section twenty, shall be punished by a fine of not more than one hundred dollars.

Section 53. A clerk or registrar issuing a certificate of intention of marriage contrary to sections 24 and 33A shall forfeit not more than one hundred dollars.

Section 54. Whoever makes an illegal alteration or erasure on a certificate of intention of marriage shall be punished by a fine of not more than one hundred dollars.

Section 56. Whoever neglects to make the record and returns required by section forty shall forfeit not less than twenty nor more than one hundred dollars.

Section 57. Whoever performs a ceremony of marriage upon a certificate more than sixty days after the filing of the notice of intention of marriage as set forth in such certificate, and whoever having taken out such certificate and not having used it fails to return it, within si…

Section 58. A justice of the peace or other person authorized to solemnize marriages may advertise his name or any trade name, business address, telephone number, rate of compensation as provided by law, regular hours of availability and any ability in a second language and any p…

Section 6. If a person, during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract with due legal ceremony and the parties thereto live together thereafter as husband and wife, and such subsequent marriage contract was …

Section 7. A magistrate or minister shall not solemnize a marriage if a party to the intended marriage is under the age of 18.

Section 8. A marriage solemnized within the commonwealth which is prohibited by reason of consanguinity or affinity between the parties, or of either of them having a former wife or husband living, shall be void without a judgment of divorce or other legal process.

Section 1. A divorce from the bond of matrimony may be adjudged for adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opiu…

Section 11. The evidence produced at such ex parte hearing shall not be reported or made a part of the record in the case and the motion for said amendment shall not be read in open court during the proceedings, but the register of probate shall make an entry in the docket of ''M…

Section 12. Upon an action for divorce by either spouse for a cause accruing after marriage, the real and personal property of the other spouse may be attached to secure suitable support and maintenance to the plaintiff and to such children as may be committed to his care and cus…

Section 13. The attachment may be made upon the summons issued upon the action, in the same manner as attachments are made upon writs in actions at law, for an amount which shall be expressed in the summons or order of notice. The attachment may be made by trustee process, in whi…

Section 14. The laws relative to attachments of real or personal property shall apply to attachments herein provided for, so far as they are consistent with the two preceding sections.

Section 15. If during the pendency of an action for divorce the defendant is incapacitated by reason of mental illness, the court shall appoint a suitable guardian to appear and answer in like manner as a guardian for an infant defendant in any civil action may be appointed. The …

Section 16. Any judge of a probate court wherein any action for divorce is pending may appoint an attorney to investigate and report to the court in relation thereto and may direct such attorney, or any other attorney, to defend the action. The attorney may be appointed either be…

Section 17. The court may require either party to pay into court for the use of the other party during the pendency of the action an amount to enable him to maintain or defend the action, and to pay to him alimony during the pendency of the action. When the court makes an order f…

Section 18. The probate court in which the action for divorce is pending may, upon petition of the wife, prohibit the husband, or upon petition of the husband, prohibit the wife from imposing any restraint upon her or his personal liberty during the pendency of the action for div…

Section 19. The court may in like manner, upon application of either party or of a next friend in behalf of the minor children of the parties, make such order relative to the care and custody of such children during the pendency of the action for divorce as it may consider expedi…