CAFFYN v. CAFFYN


441 Mass. 487 (2004)

LESLIE A. CAFFYN v. BRIAN E. CAFFYN.

Supreme Judicial Court of Massachusetts, Norfolk.

April 20, 2004.


Attorney(s) appearing for the Case

David H. Lee (Robert J. Rivers, Jr., with him) for Brian E. Caffyn.

Paul M. Kane (Courtney Vore with him) for Leslie A. Caffyn.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


IRELAND, J.

This case raises the first impression question whether a plaintiff in a divorce action who has not complied with the one-year residency requirement of G. L. c. 208, § 5, may, nevertheless, satisfy the alternative jurisdictional requirements of § 5, by asserting domicil after a brief period of residence and claiming that the "cause" for the divorce, namely "an irretrievable breakdown of the marriage" under G. L. c. 208, § 1B, occurred in...

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