Can you include a cohabitation clause in a divorce if you have no kids and are in a community property state?

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Can you include a cohabitation clause in a divorce if you have no kids and are in a community property state?

I live in TX which is a community property state. My husband and I are thinking about getting divorced. Not my decision. He just doesn’t

Asked on April 23, 2017 under Family Law, Texas

Answers:

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

Answered 3 years ago | Contributor

If you both agree to the terms of an agreement, then most judge will approve any agreements that are reached between parties.  Texas is a no-fault divorce...so the judges do like to encourage agreements.  (not to mention the added benefit that they help clear up dockets.)
With that said, the terms you are suggesting are not unreasonable.  It is simply a rule based on usage and respect. 
You mention that you have limited funds....I really suggest that you reach out to your local district clerk for a list of free or reduced rate legal services in your area now.  That way, if he does file for divorce, you have some type of support lined up.  If he hires an attorney for an "agreed" divorce, make sure that you have an attorney (for hire or at a legal clinic) to review any proposed orders with you.  Many people sign documents not clearly understanding the consequences of the order.  Make sure that you understand everything that you sign. 


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