Legal Questions
How do I prove my ex-wife is co-habitating with her boyfriend for purposes of stopping alimony?
My ex-wife has been living with her boyfriend since the divorce and has not reported it. I am still paying alimony. How do I prove to the court that she is co-habitating with her boyfriend?
Answers (5)
Katy Mickelson
1 ContributionsSeeking a termination of maintenance due to cohabitation requires the establishment of facts that your ex-wife is engaged in a continuing, conjugal relationship with another person. While I agree with the other answers that a good amount of evidence can be collected from a private investigator, this is just one factor that a court considers. A court will also look at how your ex-wife and the other individual hold themselves out as a couple – are they continually vacationing together? Do they share bank accounts? What is the duration of the relationship? Simply because people are living together does not necessarily mean that they are cohabitating. For example, they could simply be "roommates" or at least that could be her position. If you would like to discuss this further, I am happy to do so. I do agree that a petition to terminate maintenance should be put on file as soon as possible to stop the clock.
Posted - on 04/12/2017
Joshua Singewald
1 ContributionsFirst, where is your case pending -- Cook County?? Second, should you retain me, a divorce lawyer, I would hire one of my private investigators to perform surveillance (photos, video) of the home, vehicle, etc. This would assist in gathering some of the evidence we would need. In addition, I would immediately file a Petition to Terminate Maintenance (formerly alimony). Once filed, I would seek to take the deposition of your ex-wife and the boyfriend. Please let me know if you have any other questions. Josh Singewald; josh@singewaldlawus.com; 872-240-2405
Posted - on 04/12/2017
Charles Dobra
6 ContributionsA private investigator usually does the trick. Hire an attorney, and file a petition to terminate maintenance, formerly known as alimony.
Posted - on 04/12/2017
Gerald Nordgren
4 ContributionsGood afternoon! That's a good question! I am not aware that anyone in her position who would ever report it! But you would be entitled to file a Motion to terminate the alimony. To obtain evidence, you could have someone to keep an eye on the house, and see when boyfriend comes and goes. Or you could try speaking with someone at her place of employment, or at boyfriend's who might be willing to say what they heard their co-worker mentioned in the lunchroom. If you have more questions, please feel free to call me at 312-558-9100, or e-mail me at Nordgrenlaw@gmail.com.
Posted - on 04/12/2017
J B
1 ContributionsYou should hire a private investigator that can take a few pictures of them coming and going in the morning and evening, seeing how often his car is parked there, etc. Whether he gets mail there. Private investigators do not cost a lot of money and are a cheaper way to prove your point. Additionally, you should get a Petition to Terminate Maintenance (formerly known as Alimony) on file immediately. The clock starts running from the time you file your petition, so it's important to get something on file quickly. I am happy to discuss further if you would like.
Posted - on 04/12/2017