Adultery Law in MA

The primary adultery law, which criminalized adultery, was repealed by Chapter 155 of the Acts of 2018.

This is an important development in domestic relations practice, as an individual committing adultery can no longer plead the fifth amendment to avoid questions regarding their extramarital relationship(s). Although no longer criminal, adultery is still a justification for an "at fault" divorce. Additionally, conduct is one factor the court will consider when allocating marital assets.

Child Abduction

There is a law that may be implemented by the Probate Court to prevent child abductions. It is a "do not deport list" created as a registry under federal law to limit child abductions. This is particularly important in cases where a parent may be a dual (or more) passport holder. A probate judge handling custody cases where dual passport holders contest custody, or where t here is concern that a parent may abduct a child, can issue an order prohibiting the parent from leaving the country with the child. A request may also be made to the judge to have the child's name placed on such a list. If a parent then tries to board an international flight with a child's name on the list, the transportation secretary administration receives an alert while scanning the child's passport and it prevents them from boarding.

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