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Unusual divorce bill arises in another state

Divorce is a very rules-filled area of law. Some examples of things states often put regulations on when it comes to divorce include: when a divorce filing can be made, what the timetable is for a divorce and what parties can/cannot do during a divorce. Given the many rules regarding divorce, getting a divorce can sometimes seem like a very intimidating and confusing process. Guidance when it comes to the divorce process is one of the things that experienced family law attorneys can provide to individuals here in Texas.

Recently, a divorce-related bill has come up in another state, Massachusetts, which would put an unusual restriction on divorcing couples. The bill has been generating a fair amount of controversy.

The restriction the bill would put in place would apply to divorcing couples with children. Under the bill, when such a couple divorces, the parent who stays in the couple's marital home would be temporarily prohibited from conducting a sexual relationship or a dating relationship in said home. This restriction would remain in place until finalizations are reached regarding the divorce and all divorce-related custody and financial issues. The restriction could also be lifted by court permission.

The bill was written by a Massachusetts citizen and was filed with the state's senate on the citizen's behalf by a state senator. It will be interesting to see what happens with the bill.

The bill has received a fair amount of criticism. In defense of the bill, the citizen who drafted it has said that it is not aimed at legislating morality but rather at trying to help prevent potentially contentious and problematic situations from arising during a divorce.

What do you think of the restriction the bill is proposing? Do you think that it would be a valid way to try to reduce conflict or do you think that it would be an overly intrusive legislating of morality?

Source: ABC6, "MA bill would limit sex during divorce," Alexandra Cowley, March 25, 2014

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