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