Legal Question in Family Law in New Jersey

how to prove co-habitation

I feel that my ex is co-habitating and in our final divorce it clearly stipulates that if there is co-habitation that the alimony ends right then.

How can I prove or file papers with the court, that they are indeed co-habitating, without hiring a private investigator. I do not have any money to do this.

Can I file papers with the court and ask that they prove that they are not? We are talking 1300.00/month


Asked on 2/27/02, 4:39 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: how to prove co-habitation

Your question is simple to answer but more difficult in reality. If you can bring sufficient proofs to the Court to establish the cohabitation, it is likely that you will win. If you can't, you won't. It is your burden to prove, not your ex's to disprove. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail, especially to obtain an opinion as to whether you have sufficient proofs to establish the co-habitation. After you retain an attorney, you will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob Gleaner

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Answered on 2/28/02, 8:51 am
Edward Weinstein Law Office of Edward R. Weinstein

Re: how to prove co-habitation

Thank you for your inquiry.

While cohabitation cases can be quite complicated, I have been successful in either reducing or termination the payor's alimony obligation in these types of cases. Specifically, I need to learn more details about what you have learned with respect to the cohabitation in order to draw any further conclusions with respect to whether you may need to hire a personal investigator.

As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

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Answered on 2/27/02, 4:49 pm


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