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Couple not reconciled by ‘accidental sex’

January 4th, 2010 · 4 Comments · Domestic Relations

Maybe it meant more to her than it did to him.

Or maybe Michelle Baba was just looking for a way to re-do the post-nuptial agreement she signed with Roberto Baba after the parties separated in May 2007.

The wife told Salem Circuit Court Judge Robert P. Doherty Jr. the parties had reconciled in November 2007.

The husband acknowledged that he and the wife – divorce lawyers, you’ve heard this one before – had “accidental sex” a few times. But he kept dating other women and “generally lived as a bachelor,” according to Doherty’s Dec. 22 opinion rejecting the wife’s claim of reconciliation.

As the parties did not share finances or routine household duties, the judge did not find the requisite “meeting of the minds” in the couple’s occasional get-togethers.

“A reconciliation requires more than just engaging in occasional sexual relations and sporadically sharing a bed” to make it a “fresh start,” the judge said.
By Deborah Elkins

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4 responses so far ↓

  • 1 Paul McGlone // Jan 4, 2010 at 6:19 pm

    So, according to trial judge, a reconciliation requires a much higher standard than a “marriage”. ?

  • 2 Stephanie // Jan 5, 2010 at 11:48 am

    “Oopsie.”

  • 3 Mary Lumsden // Jan 6, 2010 at 8:44 am

    So I hope this x wife doesn’t get a disease and has at least learned to use protection.
    Sex doesn’t require any brains, obviously.

  • 4 C. Jay Robbins // Jan 6, 2010 at 10:37 am

    I don’t practice in this area. Do people really use the phrase “accidental sex”?