Legal Question in Family Law in Arkansas
I live in Benton County Arkansas and have been divorced from my ex-husband for 2 years. He has decided to cohabitate prior to marriage with his girlfriend after talking about it with me and asking for my approval, which I gave to him. We both believe it is in each of our best interests to draw up an agreement stating that I have agreed to let them cohabitate, and that I would be allowed to do the same in the future, if I choose to do so. I have searched the internet looking for the proper terminology to use for this agreement, but have come up empty-handed. We plan to both sign the agreement and have it notorized, but neither of us has the money to hire an attorney to file this with the court. Is there somebody who can give me the appropriate terminology and wording to use on the agreement and give me information on how to have this filed with the court? I read somewhere that I can mail a certified, notorized letter to the court and it will be filed, but not sure if it's that simple. Thanks for any help I can get.
1 Answer from Attorneys
You can draw up an agreement but that doesn't make it binding on the Court. That sort of behavior may be prohibited by your prior Order and that is an Order of the Court not subject to modification by the parties. However, a judge may recognize the ability of the parties agreement not to raise that issue in any future proceedings. There is no standard language for such an agreement and you should consult an attorney in your area.