Caffyn v. Caffyn

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 brief period of residence and claiming that the “cause” for the divorce, namely “an irretrievable breakdown of the marriage” under G. L. c. 208, § IB, occurred in Massachusetts. Brian E. Caffyn (husband) appeals from an order of the Probate and Family Court denying his motion to dismiss a complaint for divorce filed by…