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What exactly is considered cohabitation?

Bentonville, AR |

My divorce and custody agreement has a non cohabitation clause listed in it. From what I understand living together would be considered cohabitation. I never asked my lawyer all the details of this, I just knew it would be best for my son when he was at his fathers.

My boyfriend lives out of state, and when he visits for a weekend he stays in a hotel because we assumed he would not be able to stay in a guest room due to this clause. Is that correct?

We also would like to take my son on a weekend mini vacation, we are looking at hotel rooms and want to get a 2 room suite (It's cheaper then 2 seperate rooms). One for my son and I and one for my boyfriend. Would that be considered cohabitation?

Attorney Answers 1


With the caveat that I have not read your decree, when the court orders no-cohabitation it is intended to follow the Arkansas police of no overnight guests of the opposite sex, not related by blood or marriage, when the minor child(ren) are present. This means living together or one night, and many judges will also consider the appearance of an overnight visit (e.g., staying very late) to be a violation.

Again, I don't even know which court your divorce was in or the history of your case, but the best advice would be to get completely separate rooms.

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Thank you Mr. Scholl. I thought this would be the case. To follow up with more information (I appologize for not including this) the decree states "Circut court of Benton County". Per your advice we will continue with the routine we have, with him staying else where for the visits and seperate rooms for the vacation. I appreciate your response and time, thank you!

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