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Domestic Relations – Reconciliation – Parties’ Intent

Although husband acknowledged he had “accidental sex” with wife after the parties separated in May 2007 and entered into a post-nuptial agreement, a Salem Circuit Court says the parties did not reconcile because the evidence does not show an intent to live together and undertake a “fresh start.”

Husband testified he did not intent to reconcile with wife; that he and wife had “accidental sex” three or four times; that he spent some but not all the weekends in November and December 2007 at wife’s home, some of which he slept on the couch, and some of which he spent at least one night back at his own residence; and that he continued to date other women. There was no evidence husband moved his clothing and personal effects back to wife’s home, or she to his. There was not sufficient evidence to convince the court the parties were trying to restart their marriage. Husband continued to maintain his separate residence, receive his mail at locations other than where wife lived, and generally lived as a bachelor. Although he gave jewelry to wife, he also gave similar gifts to other women. The parties did not share their finances, open joint banking or credit accounts or share routine duties around the house.

It is true both parties were concerned and working together to try to solve the problems wife’s son was having, and that the children hoped, and maybe even believed, that husband and wife were getting back together. But the evidence did not bear that out. Wife failed to prove there was a reconciliation.

Baba v. Baba (Doherty, J.) No. CL 08-307, Dec. 22, 2009; Salem Cir.Ct.; Samuel J. Lazzaro, Easter Moses for the parties. VLW , 2 pp.

VLW 010-8-004

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