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Current as of January 01, 2023 | Updated by FindLaw Staff
Actions for divorce or separate support under G.L. c. 209 should be brought only in the Probate and Family Court.SeeGuideline 12:10 Issuance of Protective Orders: Divorce Proceedings; Guideline 12:11 Issuance of Orders to Vacate Marital Residence: Divorce, Separate Support, or Maintenance; and, Guideline 12:12 Issuance of Protective Orders: Separate Support, regarding divorce and separate support in particular; and, Guideline 12:00, et. seq., Related Probate and Family Court Matters, generally, regarding related proceedings in Probate and Family Court.
COMMENTARYThe District Court, Boston Municipal Court, and Superior Court departments have no jurisdiction over divorce actions. The District Court and Boston Municipal Court have no jurisdiction over most actions for separate support, and the Superior Court has no jurisdiction over separate support. There is, however, a rarely used provision of G.L. c. 209, § 32F, which provides concurrent jurisdiction in the District Court, the Boston Municipal Court, and in the Probate and Family Court to grant a support order for married persons living apart.
Cite this article: FindLaw.com - Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 10:02 - last updated January 01, 2023 | https://codes.findlaw.com/ma/guidelines-for-judicial-practice-abuse-prevention-proceedings/ma-r-abuse-prev-guideline-10-02/
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