Jackson v. Jackson

OPINION OF THE COURT

W. Dennis Duggan, J.

Are the ashes from the cremation of a 26-week-old stillborn fetus marital or separate property? The court holds that they *932are separate property. This matter was submitted to the court as a motion for a default judgment of divorce. In the plaintiffs complaint, she alleged there were no children of the marriage and there was no property to be determined as being separate or marital. While that matter was pending, the defendant filed with the court an unsworn statement asserting that he wished to contest the matter to seek “half of [his] son’s ashes.”…