No Cohabitation Clause

by Anonymous from Florida

If you and your spouse are in complete disagreement about a no cohabitation clause will a judge add it to the final divorce decree against one of the parties objection?

Answer to Florida Divorce Question

Dear Anonymous,

I suppose that one of you objects to the other living with someone after the divorce.

And I suppose that the reasoning is that the objecting party believes that the other someone is not a fit or suitable person to expose the children to.

Assuming that is the situation, a judge would need a compelling reason to order a party to not be allowed to cohabitate after divorce. People are allowed to move on with their lives.

And even though one party may dislike the other party's new someone, that alone, should not be reason enough to prevent that person from entering a new relationship.

However, the party that is objecting may be able to convince a judge, if there are compelling reasons.

Depending on the exact facts and circumstances of your situation, compelling reasons might be things like: the new someone is a drug addict; the new someone is a sex offender; the new someone has a history of child abuse; the new someone is a habitual criminal; etc.

There could also be religious grounds, but I don't know whether a judge would be persuaded or not. My guess is that it depends on the judge.

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