Massachusetts Libel Divorce Lack Jurisdiction Lawyers Attorneys
Dona B. Lycurgus v. Nicholas C. Lycurgus
Supreme Judicial Court of Massachusetts
December 24, 1969
Facts:
In September, 1965, Dona B. Lycurgus and her husband and children left the United States to visit Spain, France and Greece. From October, 1965, to June, 1966, she resided temporarily in the cellar of her mother-in-law's home in Greece. Both husband and wife entered Greece on temporary visas, and the husband did nothing "to indicate he intended to remain permanently in Greece." Nor did the wife "intend to acquire another domicile." In June, 1966, the wife left her husband and returned to the United States with her two children. Her intent at that time was to return to
Massachusetts. Upon her arrival in the United States, the wife resided temporarily with her brother and parents, respectively, who lived in Rhode Island in towns adjoining Seekonk. While staying in Rhode Island, she planned to earn a teacher's certificate to enable her to teach school in Massachusetts, and she attended a college in Rhode Island for that purpose. Until she obtained a teaching position, she was dependent on her brother and parents she has not received any financial assistance from the husband. While in Rhode Island, the wife consulted a lawyer who advised her that a libel for divorce "should be brought in Massachusetts, her domicile. Then she filed the libel on October 14, 1966. Following a hearing in which the husband did not appear, a decree nisi was entered in favor of the wife on her libel for
divorce. Before the decree became absolute, the husband, appearing specially, filed a statement of objections to the decree becoming absolute. One of the objections was that the trial court was without jurisdiction to enter a decree of
divorce for the reason that the wife had moved into Massachusetts for the purpose of obtaining a divorce. After hearing, the trial judge dismissed the objections and denied the husband's motion to dismiss the libel for lack of jurisdiction.
Whether the trial court erred in denying the motion to dismiss the libel for lack of jurisdiction?
The Court finds that the wife did not remove to Massachusetts for the purpose of obtaining a divorce. The husband lays great stress on the wife's testimony that she moved to Seekonk after learning from her Rhode Island attorney that she could not get a divorce in Massachusetts unless she lived there. If that evidence stood alone the decision below might be difficult to sustain. But it does not stand alone. There was ample support for the trial court judge's conclusions that the wife always considered Massachusetts as her home and established one here as soon as she was financially able to do so, and that her stay in Rhode Island was of a temporary nature and was only for the purpose of enabling her to obtain a certificate to teach in Massachusetts schools. It follows from the findings, which are not plainly wrong, that the wife was domiciled in Seekonk when the libel was brought and that she did not remove there for the purpose of obtaining a divorce. The dismissal of the objections to the decree becoming absolute, and the denial of the motion to dismiss the libel for lack of jurisdiction reveal no errorof law and must be affirmed.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
Massachusetts Libel Divorce Lack Jurisdiction Lawyers Attorneys
By: Atchuthan Sriskandarajah
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