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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33802
Experience:  Attorney with 15 years experience
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My divorce decree stipulates "no roomates" and my ex-husband

Customer Question

My divorce decree stipulates "no roomates" and my ex-husband recently moved with his new girlfriend. Would this quality as "roommate" as they are not married. My children are young and the new girlfriend has an older daughter who has both teenage boys and girls sleeping over. I am very stressed and looking to get my kids out of the overnights until he changes the living situation.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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In a situation like this, if they aren't married, then they are roommates and this would be considered a violation of your divorce decree.

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With that said, your recourse is to file a motion for contempt of court for his violation of the divorce decree and have the judge modify the custody arrangements so as to take this violation into consideration.

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But it would be questionable as to whether you could unilaterally withhold his overnight visitation rights due to this because it would then put you in breach of the visitation order..

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So when you are asking the judge to modify his order, it is best to come to court with "clean hands" and show that you are the innocent wronged party.

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thanks

Barrister

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