Is it violating the divorce decree of ‘no overnight guests of the opposite sex’ if I live on the same property under a different roof?

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Is it violating the divorce decree of ‘no overnight guests of the opposite sex’ if I live on the same property under a different roof?

My bf has 2 kids we are curious if legally his ex can do anything if I were to
move onto his property but live under a different roof. i.e. He the kids would
live in trailer while he is parenting I would live in an RV parked at the same
address

Asked on August 28, 2019 under Family Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It would likely be found to be a violation, since 1) you are both living on the same property and 2) since an RV is not a permanent home (not intended as, or in many areas even legal for, permanent residence), it will be seen as a subterfuge--i.e. a court would consider that you not really separately residing in the RV always, but are often spending nights with him. Even if in fact you were not, a court would almost certainly not believe that you that you not violating the decree. This is the sort of situation that looks like someone is trying to squeeze through a loophole, and the family courts will not condone that.


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