Whats the news today-
One of the hardest parts of divorce is seeing your former loved one move on to new relationships. This is particularly difficult when former marital assets are being used to benefit the new significant other. Many newly separated or divorced couples are dismayed to find that their ex’s girlfriend or significant other has moved into their former marital home.
If you do not have children or a majority interest in the house, there is often nothing that can be done about this. While it hurts to see your ex allow a new female to use what was once yours, there is no legal remedy. However, there are cases where a new girlfriend may actually be a legally actionable issue.
In some cases, this can be prevented. First, many people have a clause in their child custody documents stating that unrelated adults of the opposite gender cannot live with the children unless there is a marriage. If this or a similar clause is in your parenting documents, your ex will be in contempt of court if they move a girlfriend into your marital home. However, it is very difficult to get this clause added after the parenting agreement has already been signed.
Second, you may be able to have a girlfriend ordered to leave your marital home if she is destructive to the property or a bad influence on your children. If you are still partial owner of your marital home, you may have some say in who lives there. Similarly, if your children are in the home full or part time and the girlfriend is a bad influence, you may be able to have the girlfriend removed for times when your child or children are present. This requires extensive documentation to show that she is harmful for or a danger to your children.
Last, your family lawyer may be able to help you oppose any other adult moving into your home if it is early enough that this could be confusing to the children. Children need time to adjust to their parents splitting up as well as time alone with their parents in order to feel secure. Introducing a new significant other to early can be detrimental to this. Moving this significant other into the family home can be even more destructive.
What can you do if the girlfriend is already living in your family home? It is important to talk to your family law attorney before making any steps toward eviction. However, most attorneys recommend several actions:
There is nothing illegal or wrong with moving on from a failed relationship. However, it is important to be cognizant of your ex’s property and children. If your ex is placing your property or children in danger, there is always a remedy. The exact remedies depend on both your location and your unique situation. Talk to your family law attorney if you have questions about your unique situation.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201