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Old 07-23-2012, 04:37 AM
 
1 posts, read 1,893 times
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In 2009 my husband and I were going through a divorce, we decided to reconcile and part of that reconciliation agreement was that 2 of my adult sons could live in the house as long as I did (or until they could financial move out) worded in consent of as follows: The parties agree that the plaintiff's emancipated adult children may reside in the marital residence pending resolution of any action for divorce.
Our divorce has been on again off again several times over the past few years.........my husband has now decided it is on again and is trying to evict my son from our home. Would this consent order still be binding it is signed by my husband, myself our lawyers and the judge.
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Old 07-23-2012, 01:45 PM
 
Location: Not where I want to be
4,829 posts, read 8,727,148 times
Reputation: 7760
Quote:
Originally Posted by NJResident123 View Post
In 2009 my husband and I were going through a divorce, we decided to reconcile and part of that reconciliation agreement was that 2 of my adult sons could live in the house as long as I did (or until they could financial move out) worded in consent of as follows: The parties agree that the plaintiff's emancipated adult children may reside in the marital residence pending resolution of any action for divorce.
Our divorce has been on again off again several times over the past few years.........my husband has now decided it is on again and is trying to evict my son from our home. Would this consent order still be binding it is signed by my husband, myself our lawyers and the judge.

There's your answer. Pending the RESOLUTION of any action for divorce.

However, in my personal opinion, they are adults and should move out for no other reason than to make your divorce go a little more smoothly.
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Old 07-24-2012, 10:40 AM
 
Location: Pennsylvania & New Jersey
1,548 posts, read 4,315,078 times
Reputation: 1769
Default What's the Real Issue?

You say your husband has decided the divorce is on again -- hence, the marriage is off again. How do YOU feel about this? The real question is whether or not YOU want to save your marriage. If yes, do you think that having your (emancipated?) son move out of your marital residence would help save your marriage?

Just how young is junior? If he was already emancipated in 2009 it's safe to assume he's at least 21 today, yes? Time to go?

Though a little late now, it's becoming increasingly common to address this in a pre-nup. Sample:
12. No Obligation to Support Other Party's Children and No Obligation Created as Result of Expenditures on Behalf of Other Party's Child: The parties acknowledge that both enter the marriage with children...
... (c) Adult children may be asked to leave the home, at either parent’s discretion, upon any of the following events:
(i) Reaching the age of 23,
(ii) Having been out of high school for five years,
(iii) Physical violence of a significant nature,
(iv) Habitual insubordination, including but not limited to refusal to contribute to the home with time, treasure and/or talent,
(v) Attainment of a Bachelor’s Degree,
(vi) Emancipation
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