Section 1B. An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced by the filing of the complaint unaccompanied by the signed statement and dissolution agreement of the parties required in section one A.
No earlier than six months after the filing of the complaint, there shall be a hearing and the court may enter a judgment of divorce nisi if the court finds that there has existed, for the period following the filing of the complaint and up to the date of the hearing, a continuing irretrievable breakdown of the marriage.
Notwithstanding the foregoing, at the election of the court hereunder, the aforesaid six month period may be waived to allow the consolidation for the purposes of hearing a complaint commenced under this section with a complaint for divorce commenced by the opposing party under section one.
The filing of a complaint for divorce under this section shall not affect the ability of the defendant to obtain a hearing on a complaint for divorce filed under section one, even if the aforesaid six month period has not yet expired.
Said six month period shall be determined from the filing of a complaint for divorce. In the event that a complaint for divorce is commenced in accordance with the provisions of section one A or is for a cause set forth under section one, and said complaint is later amended to set forth the ground established in this section, the six month period herein set forth shall be computed from the date of the filing of said complaint.
As part of the entry of the judgment of divorce nisi, appropriate orders shall be made by the court with respect to custody, support and maintenance of children, and, in accordance with the provisions of section thirty-four, for alimony and for the disposition of marital property.
Nothing in the foregoing shall prevent the court, at any time prior to judgment, from making temporary orders for custody, support and maintenance or such other temporary orders as it deems appropriate, including referral of the parties and the children, if any, for marriage or family counseling.
Prior to the entry of judgment under this section, in the event that the parties file the statement and dissolution agreement as required under section one A hereinabove, then said action for divorce shall proceed under said section one A.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title III - Domestic Relations
Section 1 - Causes for Divorce; General Provisions
Section 2 - Causes for Divorce; Confinement for Crime
Section 3 - Causes for Divorce; Absence; Presumption of Death
Section 4 - Causes for Divorce; Domicile of Parties
Section 5 - Causes for Divorce; Exceptions to Sec. 4
Section 6b - Filing of Action; Statistical Report
Section 8 - Commencement of Actions
Section 11 - Ex Parte Hearing; Allowance or Denial of Motion to Insert Name of Third Person
Section 12 - Libels for Divorce; Spouse's Property; Attachment
Section 13 - Libels for Divorce; Attachment; Manner
Section 14 - Libels for Divorce; Attachments; Laws Applicable
Section 15 - Libels for Divorce; Mentally Ill Defendant; Appointment and Compensation of Guardian
Section 16 - Investigation of Divorce Case
Section 17 - Pendency of Action; Allowance; Alimony
Section 19 - Pendency of Action for Divorce; Custody of Children
Section 20 - Continuance of Action; Temporary Separation
Section 20a - Judgment Denying Divorce; Living Apart for Justifiable Cause; Authorization
Section 21 - Divorce Judgments; Entry
Section 22 - Libels for Divorce; Desertion; Proof
Section 23 - Resumption of Former Name by Woman
Section 24 - Divorced Parties; Remarriage
Section 24a - Certificate of Divorce; Contents
Section 25 - Divorce for Adultery of Wife; Legitimacy of Issue
Section 27 - Curtesy or Dower After Divorce
Section 28a - Temporary Care; Custody and Maintenance of Minor Children
Section 29 - Minor Children; Foreign Divorces, Care and Custody
Section 30 - Minor Children; Removal From Commonwealth; Prohibition
Section 31 - Custody of Children; Shared Custody Plans
Section 32 - Child; Bringing Before Court; Writ of Habeas Corpus
Section 33 - Jurisdiction; Procedure
Section 34 - Alimony or Assignment of Estate; Determination of Amount; Health Insurance
Section 34a - Alimony Judgment Ordering Conveyance; Effect
Section 34b - Order to Vacate Marital Home
Section 35 - Alimony; Enforcement
Section 36 - Security for Payment of Alimony or Support; Enforcement of Judgments or Orders
Section 37 - Alimony; Revision of Judgment
Section 39 - Foreign Divorces; Validity
Section 40 - Cohabitation After Divorce
Section 42 - Procurement of Unlawful Divorce
Section 43 - Advertisement to Procure Divorce
Section 44 - Certificate of Divorce; Unlawful Issuance
Section 45 - Criminal Offenses; Notice to District Attorney
Section 46 - Statistical Reports; Additional Information
Section 48 - Definitions Applicable to Secs. 49 to 55
Section 49 - Termination, Suspension or Modification of General Term Alimony
Section 50 - Termination, Extension or Modification of Rehabilitative Alimony
Section 51 - Termination of Reimbursement Alimony; Modification; Applicability of Income Guidelines
Section 52 - Termination of Transitional Alimony; Modification or Extension
Section 54 - Remarriage of Payor; Income From Second Job or Overtime Work