Knoxville, TN asked in Family Law and Juvenile Law for Virginia

Q: Can ex get an order in state of VA prohibiting fiancé to move in?

We have been separated for 8 months joint custody of 2 kids. Agreement says we will not interfere in the others life and live as though we were never married. Can he obtain such an agreement and can I fight it? Fiancé is a great man and loves my kids.

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1 Lawyer Answer
James D. Williams
James D. Williams
  • Richmond, VA
  • Licensed in Virginia

A: The agreement appears to just say that you and the ex are living as you two, specifically, are not married to one another. It's not requiring that you live unmarried, most likely, and if it is, then it's probably invalid.

If there is a custody order from the court where the Guardian Ad Litem did a home visit and met your fiancé and thought there may be a concern for the children, then that would be the only time a court order would have any effect on whether your partner could live with you, and it would be specifically in relation to the custody of your children.

It doesn't sound like that was part of the case, so I'm assuming there was just a misunderstanding on the language.

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