Legal Opinion

Bigelow v. Bigelow

Massachusetts Supreme Judicial Court

Decided October 15, 1871PublishedCited by 5 opinions

Petition filed September 16, 1870, by a husband against whom his wife at April term 1865 (more than five years previously) had obtained a decree of divorce from bed and board for his utter desertion of her, for a decree under the St. of 1870, c. 404, § 3,* to make the divorce absolute as a divorce from the bond of matrimony, and for leave to marry again. Personal service of the petition was made on the wife, and she did not appear.

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Petition filed September 16, 1870, by a husband against whom his wife at April term 1865 (more than five years previously) had obtained a decree of divorce from bed and board for his utter desertion of her, for a decree under the St. of 1870, c. 404, § 3,* to make the divorce absolute as a divorce from the bond of matrimony, and for leave to marry again. Personal service of the petition was made on the wife, and she did not appear. At the hearing, before Gtray, J., the prayer for leave to marry again was struck out by order of the court; the petitioner proved that tile parties had lived…

1Opinion of the Court

Off a pm a ~nt, C. J.

At April term 1865 the petitioner’s wife obtained against him a decree of divorce from bed and board for utter desertion. By Gen. Sts. c. 107, § 10, after they should have lived separately for five consecutive years afterwards, she might obtain a decree of divorce from the bond of matrimony; and after they should have lived separately for ten consecutive years either party might obtain it. By § 26, after such divorce from the bond of matrimony, this court, upon the petition of the party against whom it was granted, might authorize such party to marry again.

But the St. of…

2Cited by5 opinions

  1. Zildjian v. ZildjianMassachusetts Appeals Court · 1979
  2. Sparhawk v. SparhawkMassachusetts Supreme Judicial Court · 1874
  3. Peaslee v. PeasleeMassachusetts Supreme Judicial Court · 1888
  4. Sparhawk v. SparhawkMassachusetts Supreme Judicial Court · 1874
  5. Rose v. RoseCourt of Appeals of Kentucky · 1898

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