Most often, if an individual has contemplated filing a cohabitation motion or conducting a cohabitation investigation in New Jersey the payee of alimony has heard or obtained some type of evidence to support or confirm their suspicions. Weather the payee can gather enough tangible evidence to prove their ex-spouse is cohabitating or has enough evidence to warrant a cohabitation investigation is sometimes another matter.

Armed with their divorce judgement in hand, alimony payees usually consult a family attorney to ask if they have a good case and what is the likelihood of getting their alimony terminated or at least ask if they could use evidence obtained in a cohabitation investigation for leverage to get the alimony modified. The answer from the family law attorney is regularly “ I cant answer any questions until I see a significant amount of credible evidence or a report from a private investigator that show that your ex-spouse has violated the terms of your divorce judgement as per N.J.S.A. 2A:34-23(n) ”

What questions should I ask before committing to a cohabitation investigation?

Before committing resources to conducting a cohabitation investigation and retaining a family law attorney the payee should consider other factors in filing a cohabitation motion.

Before filing a cohabitation case in New Jersey, you may want to consider the following questions:

1. What is your goal in filing the case? Are you seeking to terminate alimony payments, or is alimony modification acceptable?
2. Do you have sufficient evidence to support your claim of cohabitation? What kind of evidence do you have, and is it likely to be admissible in court?
3. What are the potential consequences of filing the case? If you have children, are you prepared for the potential stained relationship in eliminating or a portion of their parents alimony?
4.  The financial, and tax implications of a potential court battle?
5. Have you considered alternative forms of dispute resolution, such as mediation or collaboration, rather than a court case?
6. Do you understand the legal process involved in a cohabitation case? What is the expected timeline, and what are the next steps you need to take?
7. Have you sought the advice of a qualified private investigator experienced with cohabitation investigations who advise you on what is involved in the process and what it will take to obtain a prima facia decision?

Answering these questions can help you make an informed decision about whether to proceed with a cohabitation investigation, and what steps you need to take to achieve your desired outcome. Please contact Capital Investigations should you have any questions regarding conducting a cohabitation investigation in New Jersey. We can be reached at (862) 437-1064 or admin@capinvestigations.net