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Massachusetts Bill Prohibiting Divorcing Parents from Having Sex Is a No Go

Massachusetts Bill Prohibiting Divorcing Parents from Having Sex Is a No Go
The Boston Globe recently ran an article reporting that Senator Richard Ross (R-Wrentham) had introduced a bill which would prohibit divorcing parties from having a "dating or sexual relationship" until "a divorce is final and all financial and custody issues are resolved."  Fortunately, it appears even Senator Ross does not support this Bill and it was merely introduced after receiving a request by one of his constituents.  There are so many things wrong with the proposal it is hard to mention them all, but I'll try.

This law would be impossible to enforce.  Adultery is already a crime.  So, this Bill would not add anything to the law that was not already there.  The problem is nobody enforces these laws.  Police will not stake out your house to see whether you are committing adultery during the pendency of the divorce.  

Divorce cases can unfortunately takes several years to conclude.  Not to mention the many cases that are only begun after a married couple has been living apart for many years.  The Bill takes none of this into account.  It only allows such relationships to begin if court permission is granted - the awkwardness of filing that motion!  The Probate and Family Court is already over burdened with too many litigants and not enough judges, to have them deciding when someone may or may not have sex is absurd.   In any event, if a relationship is detrimental to the well-being of a child, the court will certainly hear a request that that relationship only be conducted outside of the presence of the parties' children.  

In any event, it doesn't seem this Bill will get anywhere and I don't think anyone is debating it.  So for now, complex decisions as to what is right for yourself, your children and your family will be left out of the hands of the legislature.  

updated: 5 years ago