Legal Question in Family Law in Arkansas

Violation of NO cohabitation w/out benefit of marriage

My divorce decree implicitly states that neither party can cohabitate

without the benefit of marriage with the memeber of the opposite sex.

My former spouse is doing so, and I have the lease agreement with both

names on it to prove it. This is willful and he says he doesn't care what I

say...I can't stop him. I am on the verge of taking him to court for the

violation...we have two sons and I will not tolerate this behavior. It is in

the decree for this very reason. What will or can the judge do to cause

this situation to change and cease??? I have heard that most judges,

because of a general decline in morals and acceptance of this

behavior, will do this true? They would put him in jail if he

was in contempt of the courts order for non-payment of child support

until he complies...what's the difference? Both have their own

detramental effect on the minor children. Why would a judge bother to

order this stipulation if it will not be inforced. I am furious...they have

heard them having sex while taking a ''nap'' and they are being told by

their father that she is just a ''friend''....BS. I want to know what I

can expect.

Asked on 6/08/04, 1:43 am

1 Answer from Attorneys

Herb Southern The Southern Law Firm

Re: Violation of NO cohabitation w/out benefit of marriage

It depends on your judge and what the Order says "explicitly", not "implicitly". Generally, it is no cohabitation while the children are around, and a lot of AR judges can and do change custody to get the kids out of that situation. I have one case where the judge ordered daytime visitation only due to the cohabitation. Hire an Atty in your town and follow directions!

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Answered on 6/08/04, 4:21 pm

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