Cohabitation in NJ and NY – What you need to know before filing a Cohabitation motion.

Over the past several years we have conducted hundreds of cohabitation investigations for clients. We thought it would be useful to discuss the most asked questions and the most common mistakes made by individuals trying to modify or eliminate their alimony. Here is the first installment of “What you need to know before filing a Cohabitation motion”.

Some of The Most Asked Questions:

Should I speak to a Family Law attorney about my case first or should I hire an investigator to start the process? First consulting with an attorney is not a bad idea, but traditionally attorneys like to review the evidence before making a recommendation to file cohabitation motion. To be successful in filling cohabitation you will be required produce rock solid evidence, no matter what stage of the process you are in. Producing convincing evidence of cohabitation before consulting an attorney could potentially reduce hourly fees and expedite the filing process.

What will I need to show to the court to win my case? In 2014 the New Jersey Alimony Reform Act changed the factors the courts use to define Cohabitation. The eight factors New Jersey courts use to determine Cohabitation are:

* Comingled finances

* Shared living expenses

* Couple is recognized in the community, family and social circles

* Frequency of living together and combined contact

* Cohabitant shares household chores

* Alimony recipient has received a promise of support from another individual

* Length of the relationship

* Any additional other evidence that is relevant

The Reform Act also stated that the plaintiff did not have to prove all eight factors, a judge could make a ruling if only one of the above factors were established. That being said, you need to establish as many factors as possible to increase your likelihood of success. In most cases, establishing the couple is spending a majority of their time together or living together.

How long do I need to demonstrate that Cohabitation is taking place? Every case is different, and every case has unique set of circumstances (you are going to hear a lot of that moving forward). From our experience the court traditionally would like to see cohabitation documented for a minimum time period of one month.

Click Here For A Sample Cohabitation Report

Check back with us to over the next couple of weeks for the next installment of: What you need to know before filing a Cohabitation motion. If you have questions or concerns involving cohabitation or Family Law investigations please contact us at (862) 437-1064 or at tgray@capinvestigations.net.