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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37044
Experience:  30 years as a family law lawyer .
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I am divorced. My boyfriend occasionally stays overnight. He

Customer Question

I am divorced. My boyfriend occasionally stays overnight. He retains his residence for himself and his child and I have my residence for myself and my children. Is a night over once a week considered co-habitation?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: State of Tennessee.
JA: Have you talked to a lawyer yet?
Customer: I have not.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I receive both alimony and child support from my ex-husband. Can my ex-husband assert allegations after divorce is final that he did not assert before divorce was finalized.
Submitted: 1 month ago.
Category: Family Law
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 1 month ago.

It is possible your ex could argue cohabitation if he is spending nights there.You have to be careful, male judges are notorious for penalizing you for this, I would consider having the boy friend leave even if is late .He has a separate address , thats some protection but again there is risk here.It can also work against you custody wise if the kids are present.You have a pretty good financial stake and there is risk if he is spending the night that a judge says thats cohabitation in Tennessee.

Expert:  RayAnswers replied 1 month ago.

Case law here--if you look at it you should be protected under the law from overnights counting but the judge would have alot of discretion..

http://memphisdivorce.com/tennessee-alimony-law/tennesse-alimony-modification-law/ex-wifes-new-relationship-cohabitation-tn-law-maybe/