Can you include a cohabitation clause in a divorce if you have no kids and are in a community property state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 6 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.