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MOONEY v. MOONEY

No. 06-1118.

471 F.3d 246 (2006)

John Daniel MOONEY, Plaintiff, Appellant, v. Deborah A. MOONEY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 22, 2006.

Attorney(s) appearing for the Case

Brian J. Hughes, with whom Donald J. Jackson, Jr. and The Law Offices of Donald H. Jackson, Jr., P.C. were on brief, for appellant.

Elaine M. Epstein, with whom Maureen McBrien, Edward Foye and Todd & Weld LLP were on brief, for appellee.

Before TORRUELLA, Circuit Judge, SILER, Senior Circuit Judge, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

Under Massachusetts domestic relations law, a married couple may obtain the benefits of a "no fault" divorce by averring that "an irretrievable breakdown of the marriage exists" and persuading a probate court judge to approve a notarized separation agreement setting forth the terms on which the marriage is to be dissolved. Mass. Gen. Laws ch. 208, § 1A. In such circumstances, the separation agreement "shall either be incorporated and merged...

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