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What evidence is required to prove cohabitation in the state of Georgia in order to reduce alimony?

Atlanta, GA |

Ex-wife has a fiancée that she has introduced to the minor children. He is currently residing in the house with the children and her. Both children have said that he is living with them.

Attorney Answers 3


  1. Best answer

    I believe that you may have almost enough. However, you need to be able to prove that they either are having sex, or that they share household expenses. Sounds funny but, under Georgia statutes and case law, only one of the two is necessary to prove cohabitation for the purpose of termination alimony. You should try to get your proof before filing, because it will be harder to get that proof after she knows that you are seeking to terminate alimony. Your attorney can let you know when your evidence is sufficient.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.


  2. You may possibly have enough now. Alimony continues until you get a lawyer and get alimony properly ended, so see a lawyer ASAP, as in today.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  3. Mail delivered to that address, joint bank accounts, utility bills. Judges will probably not take testimony from the children, depending on their ages. You can testify as to his car being in the driveway every night. Photograph his cat in the driveway. Hire a private investigator to conduct surveillance. Talk to your attorney and use your imagination.

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