Is it safe to move in with a current boyfriend while my divorce is going on?

Technically I’m still married but can my ex use it against me in court especially with kids involved? If so, would it be better to live on my own until the divorce is final?

Asked on September 10, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It's best to wait until after your divorced is finalized to move in with your boyfriend because your husband could use it against you as a "morality concern." Every judge in Texas is slightly different-- so the final effect will vary by county.  However, most will frown on what they perceive as "shacking up" especially if the children are exposed to it.  Some judges will even put a morality clause in the final custody orders that you cannot have overnight visits with members of the opposite sex while the children are in the parent's care.  If you don't want it to affect your custody rights or visitations rights, then it's just best to live on your own.

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