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FIORENTINO v. PROBATE COURT

365 Mass. 13 (1974)

310 N.E.2d 112

LUCIO FIORENTINO vs. PROBATE COURT & another. CARMEN FERNANDEZ vs. GUILLERMO FERNANDEZ.

Supreme Judicial Court of Massachusetts, Suffolk.

March 29, 1974.

Attorney(s) appearing for the Case

F. Robert Houlihan (Gershon M. Ratner with him) for Carmen Fernandez.

Sumner D. Goldberg for Lucio Fiorentino.

Raymond H. Young, Special Assistant Attorney General, for the Probate Court & another.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

TAURO, C.J.

These cases, argued together, present challenges to the constitutionality of our statutes which, in certain circumstances, require that a person be a resident of Massachusetts for two years before a libel for divorce may be filed. G.L.c. 208, §§ 4-5.1 This two year durational residence requirement has recently been declared unconstitutional by the United States District Court, District of Massachusetts, Rosado...

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