Legal Question in Family Law in Massachusetts

Re: divorce

The short answer to your question is "No," sexual relations between divorcing spouses does not, in and of itself, negate or invalidate the divorce proceeding - so long as at least one spouse remains intent upon ending the marriage.

It's such an interesting question, and it really points up just how much divorce law has changed over the years. Way back when, divorces were not freely granted by the Courts, and if one spouse opposed the divorce they could refuse to "grant" the other spouse a divorce. The result was kind of an old-fashioned divorce lawsuit where the spouse opposing the divorce could prevent the divorce from being granted by raising various legal defenses. One such legal defense that could successfully stop a divorce from going forward was the defense of "reconciliation" - and this defense was best proved by demonstrating that there had been a resumption of "marital relations" (sexual relations) between the couple.

But these legal concepts are relics and no longer a part of divorce and matrimonial law in most states. No spouse can be forced to remain in a marriage against their will, and the courts generally aren't even able to impose any kind of marriage counselling upon an unwilling spouse. And no, resuming "marital relations" with your soon-to-be-former-spouse, whatever your reasons, does not nullify the case if at least one of you is prepared to go forward.

My name is Len Foy and I am an attorney in Massachusetts & New hampshire. If you have any further questions - feel free to call my office at (603) 434-3437. Good luck.