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Can I use a text message from my xwife as proof in court basically admitting that she is cohabitating?

Sterling, VA |

we have a court order spousal amount I have to pay every month. I am uncertain but believe that she has been cohabitating for over a year. she recently texted me and advised that after next month I didn't have to pay her anymore unless she had to go back out on her own. Is that enough proof that she doesn't need my money and admitting to cohabitating?

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Attorney answers 2


You need to sit and consult with a divorce attorney who can review the messages and your divorce decree. Good luck.

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


Your text messages may be used evidence in court that your wife is cohabiting. An attorney would need to see everything that you have to determine whether you are likely or unlikely to meet the burden of proof. If you begin a court case to modify, you will also be able to use the fact gathering tool of discovery. Considering how you characterize your wife's text message, she may be confused about the effect that cohabiting can have on spousal support. Consequently, you will likely want to get an actual order from the court terminating support. The best time to do this is while she is actually cohabiting. You will likely not want to risk waiting to see if she ends this relationship, because it sounds like she expects you to continue paying support if this relationship falls through.

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