NISSENBAUM’S STANDARD SET OF
SUMMARIES OF LAW - DIVORCE
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I. Jurisdiction and Grounds.
1.1 The Court has jurisdiction over the parties and the subject matter.
1.2 A period of separation due to marital difficulties is strong evidence of the irretrievable breakdown of the marriage. Desrochers v. Desrochers, 347 A.2d 150, (1975).
1.3 When the Court is satisfied that the parties can no longer live together because their difficulties are so deep and substantial that no reasonable effort could eradicate them so as to permit the parties to live together in tranquility, then a Judgment of Divorce Nisi on the grounds of irretrievable breakdown of the marriage should be entered. M.G.L. c. 208, Section 1B.
1.4 The Court is satisfied from the evidence that there has been an irretrievable breakdown of the marital relationship to the extent that the legitimate objects of matrimony have been destroyed and that there remains no reasonable likelihood that the marriage can be preserved and conciliation efforts will not be successful.
1.5 An irretrievable breakdown of the marriage has existed from the period of the filing of the Complaint to the date of the hearing. M.G.L. c. 208, Section 1B.
1.6 The Husband knew or should have known that his conduct and behavior would have an adverse physical effect on the Wife's health; and it did, providing sufficient proof of cruel and abusive treatment.
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