How to prove your ex-spouse is co-habiting
Just a small disclaimer here, we are not attorneys, we work with attorneys on a regular basis and help obtain usable evidence for their cases. You should always consult with an attorney for all legal advice.
The best way to prove your ex is living with someone is to hire a private investigator who’s experienced in doing this type of surveillance even if your child has told you that there’s someone living in the house it’s usually not a good idea to involve the children since this would require them to testify against their own parent, probably causing significant issues for all parties involved. Let children be children.
Peak Investigations, based in Phoenix, Arizona can use the latest tools and techniques to get the intelligence data to provide you with actionable data to confirm cohabitation.
It’s also not a good idea for you to be the one who performs the surveillance on your ex’s home. it should be performed by someone who is a neutral 3rd party. This protects you from being accused of stalking or other criminal or other civil complaints that may happen as a result of your driving by on a regular basis. It also helps to keep your emotions in check during this matter.
Along with obtaining actionable intelligence on your ex-spouse, we recommend that the private investigator perform surveillance of the home and the parties involved for a period of time for at least a month if not longer, at different times of day and several days per week to demonstrate the boyfriend or girlfriend is spending significant amounts of time there and sleeping there.
Proving cohabitation involves several factors. Some of them are; Your ex-spouse and partner are in a sexual relationship. Your ex-spouse and partner are living in the same residence. Your ex-spouse and partner share expenses and demonstrate joint decision-making. Additional factors to consider is the length of time your ex-spouse and partner have been living together, sharing parenting duties, and evidence that your ex- spouse’s financial situation has changed as a result of the cohabitation.
A good private investigator will have database reports, photographs and video surveillance to help prove the cohabitation. The private investigator should also be continuously monitoring social media sites such as Facebook, Instagram, and Twitter. These accounts are typically monitored with fictitious social media accounts so as not to tip-off that some identifiable stranger is monitoring them. These social media sites can be invaluable proving cohabitation when people post their personal and private lives out for the public to see. Social media can provide evidence the couple is living together and can provide intimate details that can be used in court if documented properly.
A recent case where a gentleman said he got divorced and was ordered to pay alimony, and it would end if his spouse ever got married or cohabitated again. Her situation dramatically changed when she started living with a man and bought a home together, but she did not remarry.
Using evidence obtained during our investigation we were able to prove that there was a substantial material change of circumstances that was not expected at the original final divorce judgment. With our investigation, we were able to put into question to reevaluate all the other factors that normally would go into the award of alimony.
If you or someone you know is considering using a private investigator to investigate cohabitation or any other situation, please call us at 602-341-3703 for a free confidential consultation.