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Cohabitation? (Family Law)

Wed, 27 Jul 2005 10:14:00 GMT

What is the name of your state? Alabama
Can someone tell me what constitutes cohabitation and proving it? Here is the scenario:
The ex has had a boyfriend in a neighboring town for over a year. She travels to his home every Friday afternoon and comes back home on Sunday night. She spends all holiday's and vacation time at his house. According to my sixteen year old daughter, while they are there at his house, my ex cooks and cleans and they have their own bedroom that they share. They present themselves as a couple within and outside the household. The ex sometimes buys and carries groceries over to his house to cook for him and his two daughters that also live with him. Her boyfriend was living with his parents (he is in his 40s) until a few months ago when he purchased some land (in which my daughter tells me that both he and my ex looked at together) and put a mobile home on in which he now resides.
Does this constitue cohabitation?

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  • Wed, 27 Jul 2005 10:32:00 GMT(1)
  • I certainly wouldn't consider 2 nights a week and holidays as cohabitation.
  • Wed, 27 Jul 2005 10:39:00 GMT(2)
  • What constitutes cohabitation has been litigated continuously. The term requires some permanency of relationship coupled with more than occasional sexual activity. (Hicks v. Hicks, 405 So. 2d 31) Proof that persons are regular social and sexual companions is insufficient to prove cohabitation. Factors indicating the requisite permanence include sharing a dwelling with a member of the opposite sex, ceasing to date other members of the opposite sex, payment of the former spouses debts by the alleged cohabitant, and purchase of clothes for the former spouse by the alleged cohabitant.
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