Legal Question in Family Law in Georgia

what do we need to prove cohabitation? I have found evidence online via all the background check websites that my ex wife is living with her first husband. Spokeo and Lexis nexus for example show that she is stating her current living address as the same place he is showing up as his address and has been for almost two years.... She moved to a different state and refused to give me her address and has me deposit her money in a paypal account instead, under the guise it is too painful for me to know where she is and maybe contact her?.. Her first address, where she moved at the time of separation before any alimony had been decided, was given to me by default when I had a credit check done, and since I was ordered to pay off all her credit cards, her address showed up in that credit report.. when I do a search on that residence.. it shows she lived there as well, and when I look up the property card, that first deed too is also in her ex husbands name.. her name comes up in some capacity with his in every single search I do, and always with that common address now. We were divorced in Georgia and it is my understanding that cohabitation is grounds to terminate alimony... so my question is.. is there enough evidence to prove cohabitation, since all of these sites.. even though they aren't fully accurate all the time.. are based on public information?.. I mean really, what are the odds that all of that would be matching up with an ex husband from over 25 years ago now in his CURRENT address, all the info on her prior is showing our addresses accurately?.. is this enough proof or do I need to spend money on a private detective?(thanks to her I am broke).. and is there anything that can be legally done to get money already paid.. seems she actually began cohabitating before our divorce was actually final.. so the alimony should have never GONE into effect to begin with.. Is this not fraud? can she be charged with anything?

Asked on 10/30/13, 11:34 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Based only on your post, if that is all you have, you probably lose (assuming she denies it). Most or all of the sources you posted are likely not even admissible in Court. Evidence is a tricky issue - not just evidence, as in documents, pictures, etc., but in whether it can be used in court. Several posts have been made about this, and the bottom line is that if it is an important matter, get a lawyer. Otherwise, get a PI who at least knows a little about the court procedures.

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Answered on 10/30/13, 12:32 pm

Tahira Piraino Tahira P. Piraino

If you can get the information into evidence it helps. She could argue she resides elsewhere and uses his address for mail purposes only. You need to hire a private investigator who can see them coming and going, see her leaving in the morning for work, see them together on weekends, determine if she spends the night, etc. It could be costly but is probably less costly than continuing to pay alimony. Get an experienced investigator with back up support. I suggest you speak with an attorney.

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Answered on 10/31/13, 5:40 am

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