I have not heard of this being statement being in any type of agreement after divorce. I know that my husband and his ex had this in their separation agreement but that after the absolute divorce, the attorney said that this portion of the agreement is no longer valid. Maybe someone else knows more about this. I would think that a judge would see that you are divorced, have been with this woman for a while and would probably want to speak with her also. But I don’t think that it would be a problem since cohabiting is not illegal and your children probably have some sort of relationship with her.
This is normally more to protect the children from confusion and issues that they should not be involved in…most of the time though it is used to hurt the other spouse. Does your agreement specifically state that YOU wouldn’t have overnight guests of the opposite sex or was it for both of you? You may be able to argue that your ex didn’t follow this portion of the agreement making it “void”…? If it’s specifically for you then a judge may question why it was not for both parties…
You are obligated to follow the current order until it is modified by the court. She may be willing to go back to court and modify this agreement because she is not living with someone, but until there is a new order in effect, you are obligated to follow the old one.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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My ex-wife and I completed a Parenting Agreement through a mediator as required by the court system. In the agreement, a provision was included that states I cannot have overnight visits from a female while the kids are with me. My ex-wife pushed this issue because I was seeing a woman at the time that she has always thought was the reason that I divorced her. Though that was not the reason I divorced her, there is no convincing her otherwise. After we separated, she began dating a guy immediately and moved him into the former marital residence, where she still lived with the kids, within 2 months after meeting him. She was married by the time we completed the Parenting Agreement. She had stated that she would push the issue of having that provision included, and if I didn’t agree, would go the next step which was to have a judge determine the agreement. At the time we completed the agreement, co-habitation by 2 unmarried persons was illegal. Two days after completing the agreement, that law was overturned so that it is no longer illegal. I’m now in a committed relationship with that same female and we wish to move in together when my current lease is up in a few months.
Being that co-habitation is no longer illegal, what chances would I have to get that condition taken out of the parenting agreement? I would discuss the issue with my ex to see if she would agree to the change, but I don’t expect her to agree. We would have to take it back to mediation, but if she still will not agree, I’m wondering where a judge may stand on the issue.
The woman I wish to move in together with is an upstanding person with a child of her own and would be a good role model for my kids.