Legal Question in Family Law in Virginia

In my divorce decree it states no cohabitation of the opposite sex while I have the kids does this mean no over night visits as well


Asked on 4/17/13, 1:09 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Cohabitation by definition implies sexual relations. So, if such are demonstrably absent from these overnight visits, they should not present a problem (in my opinion).

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Answered on 4/17/13, 1:25 pm
Paul B. Ward Law Offices of Paul B. Ward

If you are trying to abide by the spirit of the decree, the answer to your question is yes -- no overnight visits.

If it's an unrelated person of the opposite sex, and the stay is overnight, it would be take a major age difference (think really old) or some other pursuasive evidence to overcome the presumption that the overnight stay involved sleeping together.

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Answered on 4/17/13, 2:55 pm


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