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Divorce Source Community Forums >> Cohabitation Issues
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millercrae
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Reged: 04/03/06
Posts: 1
desperate to move on...
      #96684 - 04/03/06 05:37 PM

My fiance's first marriage ended when his wife of seventeen years decided to carry on an affair with her rich boss. He spent a ton of money in court and ultimately ended up with a couple of clauses that may be helpful to us going forward. one of them was the alimony piece. He is required to pay alimony (obviously as long as she doesn't remarry) for a maximum of seven years as long as she does not cohabitate with a person of the other sex two or more times a week. Well guess what? she's at her not-so-hubby-to-be's mansion four nights a week and her children even have their own bedroom for when they stay there. We live in NJ. Anyone know HOW YOU CAN PROVE COHABITATION without her actually moving in and having her mail sent? We'd like to move forward with court motions and are confused about what will happen if we accuse and don't have proof.

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Maury
Carpal \'Tunnel
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Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
Re: desperate to move on... [Re: millercrae]
      #100956 - 04/13/06 12:08 AM

If she maintains her own residence, proving cohabitation is not likely.

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Lizabert1
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Reged: 07/09/06
Posts: 10
Re: desperate to move on... [Re: millercrae]
      #124794 - 07/11/06 12:03 AM

Ever think about getting a Private investigator?
We got one and won a contempt of court case.

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focusedon2
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Reged: 12/10/05
Posts: 2136
Re: desperate to move on... [Re: millercrae]
      #125091 - 07/11/06 06:37 PM

What is it about the ex's situation that is keeping you and your bf from moving on with your life?

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TGSM
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Reged: 02/06/05
Posts: 5843
Re: desperate to move on... [Re: Maury]
      #125108 - 07/11/06 07:06 PM

Exactly Maury...in our case BM keeps her house(SS, girlfriend and the baby live there) and she stay with her fiance 99% of the time. Thank god it ends June 30th next year.

--------------------
Faith-a f*rm belief in something for which there is no proof...complete trust.~Merriam Webster

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LinusluvsSally
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Reged: 08/23/06
Posts: 441
Loc: South Florida
Re: desperate to move on... [Re: TGSM]
      #140609 - 08/28/06 06:45 AM

I have a similar, alimony ending cohabitation clause, in my CO dating back to 2001.

My ex kept possession of our house all these years while we continued to share ownership and it turns out that she failed to maintain or keep paying for it. So rather than subjecting to herself to, I don't know, about 25 contempt charges, she agreed to me buying her out for 30% of the equity she would otherwise have.

My ex moved in with her boyfriend yesterday!!!!!!

WOOO FREAKIN HOOOOO!!!

My wife and I are now going to put that ali-money into a vacation fund and take a first class Hawaiian vacation next year.

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