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Barbara L. Jouette, Attorney, P.C.
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Divorce clause prevents Texas woman from living with partner

The vast majority are probably of the belief that once a person divorces, they are rid of their ex. Obviously in instances when there are children involved where a former couple may have to interact on issues or for events related to the kids, but the ex certainly would not have a say in your future relationships and how you choose to live, within the law. Some divorce agreements, however, carry clauses that can greatly affect one’s future.  

That was the case recently in a highly publicized case from one Texas family law court. A man reportedly asked a court to invoke the morality clause that was included in the divorce agreement between him and the mother of his 10 and 13-year-old daughters. These types of clauses are somewhat common in divorce settlements, particularly when the couple share children. Under these clauses, until they are re-married, a person cannot have a partner sleep over when the children either visiting or live with that parent.

According to reports, a judge recently ruled in favor of the ex-husband. The judge ruled that, because they were not legally married, the woman’s partner could not live with her. It was not reported, however, whether or not they are married in a state that does recognizes gay marriage, as Texas does not. The women purportedly plan to appeal the ruling. 

Anyone who is having divorce legal issues may want to consult with an attorney. Not only will legal counsel be able to advise you of your options and how to best proceed, they will also be available to answer any questions you have and address your concerns throughout the process.

Source: Source: KRMG News Talk Radio, “Judge rules lesbian couple can’t live together”, Rick Couri, May 22, 2013