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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42899
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: 11 months ago.
Category: Family Law
Expert:  RayAnswers replied 11 months 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 11 months 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 11 months 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..