Boston Divorce Lawyer Blog

In a novel case that’s being heard by the Court of Appeals here in Massachusetts, a woman who had 2 daughters through artificial insemination is demanding that her anonymous sperm donor’s identity be revealed so that she could establish paternity, child support and obtain medical information.  The case is on appeal from Boston, Suffolk County probate court. [article here]

Sperm banks’ list of depositors are typically sealed tighter than a Swiss bank vault (although recently, that’s not so tight either).  This is to protect the possible children of the donors and more importantly the donors themselves.  The outcome of this case could jeopardize the entire sperm donation industry and therefore the hopes of a lot of women who wish to be artificially inseminated by anonymous donors.

If the identity of this donor were ordered to be disclosed – even if he ultimately would not be ordered to pay child support – it would put a chill on anyone who would even consider being a sperm donor.  They would fear the threat of having to be dragged into family court and established to be the father.

Legally, I don’t believe the donor’s identity should be revealed.  It would break the mother’s contract with the sperm bank and it would go against public policy.  Personally, I believe this is a very selfish and desperate action by the mother.

I just read a story about a woman in Detroit who gave her son up for adoption 10-years ago, only to now track him down and had sex with him. [article from mlive.com].  At first, this just seems like a case of a deranged woman who forced her son to commit incest.  However, while reading this story, it reminded me of a story I read about several years ago.

It involved a case of a brother and sister who was separated as children and met as adults.  They found out they were siblings yet chose to engage in a sexual relationship. [abc story].  The story brings to life a condition known as Genetic Sexual Attraction (GSA).  How GSA is different from incest is that in all GSA cases, there is a common element that family members who engage in culturally prohibited sexual intercourse were all separated as children and only reunited as adults.  Experts say that this new found bond creates this urge to catch up with a family member to a point that it crosses culturally acceptable norms and becomes incest.

In my mind, there is a difference between incest and what could be classified as GSA.  I can imagine the feelings of connection and lost that comes with finding a long lost relative and how that could translate to lust or love in someone’s brain.  Is it wrong?  I can’t judge.  Is it understandable? Yes.

You’re ready to get a divorce and you’ve gone as far as setting up a consultation with a divorce attorney.  These are a short list of items you should bring with you to your initial consultation with a divorce lawyer.  Doing so will make it easier for the attorney to access marital property and give you a good idea as to what you can expect in a divorce settlement.

• Certified copy of marriage license
• Most recent statements from all bank and brokerage accounts
• Most recent statement reflecting all retirement accounts
• Most recent statements of any stocks, bonds, mutual funds, ETFs held outside of brokerage accounts
• Any life insurance policies
• Most recent pay stub
• Copies of tax returns for at least the last 5 years
• Most recent statements from all credit card or debt obligations
• Information regarding any real property, including but not limited to: fair market value of the home (tax accessed value), total mortgage amount, names of people on the mortgage and title
• Information regarding any automobiles and motor vehicles
• Copies of all utility bills include gas, electric, telephone, grocery, etc.
• Any and all financial information regarding your spouse

Since Vermont recently allowed same-sex couples to marry, I thought I’d post about a weird quirk in Massachusetts marriage laws that I had been wondering about for a while.

Chapter 207, Section 1 prohibits a man from marrying certain relatives.  Chapter 207, Section 2 prohibits a woman from marrying certain of her relatives.  These laws basically outlines the prohibition against incest, marrying within certain consanguinity or affinity.

However, if you notice, it prohibits a man from marrying only female family of certain consanguinity.  It also prohibits women from marrying only male family of certain consanguinity.  So does that mean a gay man can legally marry his nephew or grandson?  Or a lesbian woman can marry her niece or granddaughter?

Maybe I’m missing something and if I am, please comment and enlighten me.  I’m also not saying I found a loophole.  Please don’t go off marrying your grandchildren.  I will not be held responsible.

That’s right folks.  It is illegal in the Commonwealth of Massachusetts to continue to live or reside together after a husband and wife (or a same-sex couple) obtains a divorce from the probate and family courts.  It is considered adultery and as I wrote a few months back, adultery is illegal in Massachusetts.

In light of the recession and having personally represented couples who continue to live together after they’ve divorced because they simply can’t afford to leave the marital home or sell it, I guess the recession, in addition to making them poor, have also made them criminals!

Chapter 208, Section 40