QUESTION
What can we do if the divorce decree states that you cannot have any sleepovers with the opposite sex unless blood related but we are already engaged?
Asked on Sep 14th, 2012 on Divorce - Florida
More details to this question:
The divorce was four years ago. Since we have moved on and I have found someone to spend the rest of my life with. We want to move in together to save for the wedding and with the economy the financial situation would be better for us to share our income instead of having to separate houses.
15 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
You need to see if your ex will agree to modify the decree or you need to file a motion with the court to do so.
Answered on Sep 22nd, 2012 at 10:46 PM
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Don't do itl
Answered on Sep 19th, 2012 at 6:38 PM
You need to file a Petition to Modify the Divorce Decree to allow you and finace' to have overnights at your home, especially if you are the primary custodial parent.
Answered on Sep 19th, 2012 at 6:38 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
If that is what the divorce decree says then you need to go back the court and request that the decree be changed. The judge may or may not make a change until you are actually married, but it will all depend on the facts and why the original rule was adopted.
Answered on Sep 19th, 2012 at 6:37 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
You need to go to court to modify custody and visitation.
Answered on Sep 19th, 2012 at 6:37 PM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
Did the document say "sleepovers" or did it say cohabit. I'm betting the later, because no lawyer in Ohio wold permit their client to sign the former. The later is very different in that it does not prohibit sleepovers. But you are not talking about an occasional sleepover. You need to sit down with a family law attorney to determine what would be acceptable under the divorce decree.
Answered on Sep 19th, 2012 at 6:36 PM
Dennis P. Mikko
Until you are married, to live together would be in violation of the divorce decree. You could ask your ex-spouse if they would agree to change the final judgment to remove this language.
Answered on Sep 19th, 2012 at 6:36 PM
Agriculture Attorney serving Fresno, CA
at
The Law Offices of Tres A. Porter
Update Your Profile
You should consult with a family law attorney as soon as possible. That is a very unusual term to be in a divorce decree.
Answered on Sep 19th, 2012 at 6:36 PM
You need to go back into court to have that aspect of the judgment modified. It is extremely unrealistic.
Answered on Sep 19th, 2012 at 6:35 PM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
You can get married or change the parenting plan.
Answered on Sep 19th, 2012 at 6:35 PM
Michael Paul Vollandt
That prohibition is against public policy. See "Marriage of Wellman" If you agreed to this order then you need to modify it to be safe. I hope we are not still living in Victorian era.
Answered on Sep 19th, 2012 at 6:35 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
More facts are needed to answer this question. It seems that there is a provision in the final judgment which is void, or voidable. Hire an attorney.
Answered on Sep 19th, 2012 at 6:34 PM
Leonard A. Kaanta
You must follow the custody order unless it is changed.
Answered on Sep 19th, 2012 at 6:34 PM
Your divorce decree is a controlling order and must be followed unless the order is modified (e.g. by agreement of the parties). You might consider speaking with the other party about whether they will agree to the arrangement under the circumstances. You might also consider marrying "sooner" and having your reception at some later point.
Answered on Sep 19th, 2012 at 6:33 PM
I'm certain the decree says more than you have disclosed. Read the 'rest' of the decree as it relates to sleepovers. It may adversely affect other portions of the decree.
Answered on Sep 19th, 2012 at 6:32 PM