In order to terminate maintenance based on allegations of cohabitation, a showing of more than just living together is required in most states. This is complicated to say the least. For cohabitation to be sufficient to reduce or terminate maintenance, it must be accompanied by some economic and social interdependencies. Some of these are self-evident, such as sharing joint bank accounts, bills, etc. and some are inferred, like taking care of the kids, housecleaning, etc. You could hire a private investigator but documenting months and months is usually cost-prohibitive. This is where the cell phone comes in handy.
Almost everyone has a cell phone and if they do, their phones are turned on 24/7-while eating, shopping, driving, and even sleeping. Almost everything we do is being recorded right down to our purchases, where we bank, where we eat, and the medications we use. Cell phones are no different and the law enforcement has been using this data in criminal cases for many years. So what does this mean for someone who is trying to prove a cohabitation claim? It means you can use cell tower location data to show the proximal location of your ex’s significant other during critical nights, months on end. This data is objective and gives evidence of the whereabouts-where the cell phone is located, the person is located.
In family law, cell phone tower data has shown to be a more efficient and cost-effective way to prove an allegation of cohabitation. Because this data is being recorded in real time and stored for multiple months, it can provide a historical view for someone who wants to look back and analyze the data-data that cannot be changed.
Cell Tower Location Data May Help Your Case When Trying to:
· Show that your former spouse is living some other place than where he or she claims to live;
· Show that your ex’s significant other is living in your former spouse’s residence;
· Refute prior testimony regarding someone’s whereabouts;
· Corroborate other evidence and weave together a total picture of events; and
· Minimize the cost of proving your claim that your former spouse is cohabitating.
If you are faced with a divorce or are interested in filing a modification, the attorneys at Stange Law Firm, PC can help. We focus exclusively on family law and handle these types of cases every day–from the simple, straightforward cases to the most complex.
Stange Law Firm, PC offers a confidential half-hour consultation for you to sit down and discuss your issues with one of our attorneys. Call us at 855-805-0595 or visit us online.
Source: Using a Cell Phone to Show That Your Former Spouse is Cohabitating, By Diane L. Danois, J.D., Huffington Post