Divorce almost final- my girlfriend is moving in

Basically, the only real legal problem I can see from your situation would be if you were to reside with your GF before your divorce is finalized. In that kind of situation, you open your GF up to the possibility of being sued for Alienation of Affection and Criminal Conversation. You can research these two lawsuits elsewhere on this site.

As far as residing after the divorce is finalized, unless the biological mother has some kind of evidence that your GF is a danger to your child, there should be no legal ramifications. (Mind you, that doesn’t mean that she couldn’t stir up trouble.)

Adultery is a crime and you can be prosecuted for adultery. Living with someone prior to the time you divorce is evidence that you are committing adultery. Cohabitation generally will not have an impact on custody unless there is something specific about this woman that makes her unsuitable to be around your children. If you believe your spouse will object to this person moving in you may want to get a custodial schedule in writing before you make a major change.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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I need to know of any potential legal issues that may arise from my girlfriend moving in. My STBX and I will have been separated for 11 months when the move occurs and we have an almost 3 year old daughter (my ex and I). There is no separation agreement in writing since we have been acting in good faith, so far. Questions: can my daughter visiting me while my girlfriend is there affect the custody arrangement when the divorce goes through? Does it matter one way or the other after the divorce is final? This is the real question since I will probably not have my daughter in my house until the divorce is final just to be safe.

I have known my girlfriend for many months and she is moving down from Ohio with her 5 month old daughter if that makes any difference…

I don’t need any responses to the decision itself, just to the potential legal problems please. [:D]