Divorce agreement has "no overnight guests except by blood or marriage" clause. Is any overnight with my boyfriend contempt?

Asked over 2 years ago - Marietta, GA

I am divorced, have 2 kids, and included the mentioned clause in my divorce agreement. I have been with my boyfriend for 2 years and I do not want to remarry right now. Would the court view any overnights as contempt of court, even though we are in a committed 2 year relationship and want to eventually marry?

Thank you.

Attorney answers (3)

  1. Rachel Aliza Elovitz

    Contributor Level 15

    6

    Lawyers agree

    1

    Answered . Yes, the Court is likely to find you in contempt if you intentionally disregard its Order. Note that even if the father "agrees" for you to have an overnight guest, it does not preclude him from subsequently filing an action for contempt and it does not preclude the Court from finding you in contempt. If you want to have overnights with your boyfriend, it would be wise not to do so during those nights that the children are in your custody.

    Note that if you do choose to have your boyfriend spend the night in violation of the Court Order, the children's father might use that decision to buttress a modification action of his own. I understand that you want to have the man you love with you, but if you act on that desire, you will be acting in contravention to the morality clause of the Court's Order.

    You might consider consulting with both a family law attorney and a child specialist on this issue. Skilled child specialists are able to share important insights about how to safeguard a child's psychological interest when transitioning into a new relationship with a third party. And, of course, an experienced family law attorney can advise you regarding your desire to have overnights with your boyfriend and the potential consequences of doing so.

    If you've spoken with the father and he has no objection to the overnights, you might ask an attorney about doing an Amended Consent Judgment that would modify the prior Judgement by removing the morality clause (based on you and your husband's mutual consent).

    Best of luck to you.

    This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice.... more
  2. David A. Canale

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . Yes, the court would find you to be in contempt even though you are in a two-year relationship. The particular provision in question is generally known as a "morality clause." Although these particular provisions are starting to fall out of favor with the courts, they will still enforce them if they are in the divorce agreement.

    I suggest that you abide by the clause or seek to have it removed, either through an agreement with your ex-spouse or by the court itself.

    Nothing contained herein shall be considered or construed as creating an attorney client relationship between the... more
  3. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you want to lose your children (or risk that) keep doing what you're doing and defy the judge. It's pretty obviousl contempt and could even cost you custody. Either get married, move out or have him move out.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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