Taverna v. Pizzi

The plaintiff and the defendant were married on June 30, 1983. In September, 1984, the plaintiff filed a petition seeking a divorce under G. L. c. 208, § 1A, alleging an irretrievable breakdown of the marriage. The petition was accompanied by the necessary affidavit attesting to the breakdown, and by an executed separation agreement, which provided that *883“[t]here have been no children bom of [the] marriage and there is no child in esse.” The separation agreement additionally provided that it was to be incorporated into, but not merged with, the judgment of divorce. A judge in the Probate and…