Pioretta v. Pioretta

1. It was error to dismiss the complaint solely for the reason that no separation agreement had been filed within the ninety-day period contemplated by the first paragraph of G. L. c. 208, § 1A (as appearing in St. 1975, c. 698, § 2). Affidavits by both parties which met the requirements of (b) of that paragraph had been filed with the complaint; when a separation agreement meeting the requirements of (c) of that paragraph was filed (some ten months after the filing of the complaint), the provisions of the fifth paragraph of G. L. c. 208, § IB (as also appearing in St. 1975, c. 698, § 2),…