Hamilton v. Hamilton

On December 23, 1987, Edwin Hamilton (Hamilton) filed a complaint in the Middlesex Probate Court for an annulment of his second marriage. He challenges on appeal the order of a Probate Court judge dismissing his complaint.

The facts are not in dispute. Hamilton had first been married to Margaret A. Hamilton (first marriage). She filed for a divorce in 1984. On August 20, 1985, a judgment of divorce nisi was entered. In that judgment, however, the Probate Court judge ordered that it be entered nunc pro tune, as of May 20, 1985. As a result of the judge’s action, the judgment of divorce…