Onello v. Twomey

After the death of his wife, the husband, citing Diggs v. Diggs, 291 Mass. 399, 401 (1935), and Edinburg v. Edinburg, 22 Mass. App. Ct. 192, 197 (1986), moved to dismiss her divorce complaint and to vacate the judgment of divorce nisi. He claimed that the judgment had not become absolute and, hence, the death of his wife abated the pending divorce action. This is an appeal from the denial of his motion. We hold that the judgment of divorce became absolute ninety days after February 21, 1990, long before the death of his wife on September 24, 1991. Accordingly, there was no occasion to dismiss…