Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

What is the legal definition of Cohabitation? What issues must

Customer Question
exist to prove cohabitation?...
What is the legal definition of Cohabitation? What issues must exist to prove cohabitation?
Submitted: 5 years ago.Category: Family Law
Ask Your Own Family Law Question
Answered in 4 minutes by:
11/30/2011
Family Lawyer: LawHelpNow, Attorney/Lawyer replied 5 years ago
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
Verified
Hello and thanks for choosing Just Answer®:

 

I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.

 

My goal is to make your experience here highly satisfactory. Toward that end, please keep a few details in mind during our interaction:

 

  1. I am a lousy mind reader. If you do not supply information to me, I do not know it. Please, give me the needed details to work with so I can provide you with the best possible service. Also, if you use the RELIST or BLOCK features, our discussion ends and I may no longer be able to assist. Please, just write back to me, directly, and talk to me.

  2. Also, while I make every effort to work in a timely fashion, answering legal questions is not an instantaneous process. I am required to conduct research, interact with multiple customers simultaneously and sometimes take a break. Also, there may be times when I have to sign off for the night or to attend to other obligations. Rest assured, however, I will get back to you.

  3. If you have a new legal question, the terms of this site ask that you post it in a separate thread. In other words, please be fair and reasonable. You can direct any future questions to my attention. Just go to my Profile Page, type in the text box "ask Your Question", click the hyperlink that says "15 minutes", and use the drop down menu to select 12 hours.

  4. Please remember that many times even attorneys disagree with the law. But, we cannot change it. The answer I give you is based on my years of legal education and professional practice. It may well not be what you were hoping to hear. I will be upfront and direct. I will not mislead you, misstate the law to suit your hopes, or agree just to meet your expectations.

  5. Lastly, please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated. Information provided is informational and not legal advice. I am not your attorney. No attorney-client relationship exists between us. Consult legal counsel in your jurisdiction.

 

To provide you with accurate information, could you please clarify this point:

     

  1. Can you provide some details about the type of case (context) -- i.e. criminal case, family law alimony dispute, etc.?
Ask Your Own Family Law Question
Customer reply replied 5 years ago
Family Law. Fiance's husband does not want her to cohabitate with anyone or he will ask the court to cease her alimony. We are not living together, but I do visit her a number of times per week and stay over. We have used a calendar for the past 18 months to notate those days when I return to either my home or my son's appartment in another state. I usually return home at least two days a week and I travel for my business often. When I travel, I leave my car at her residence and travel with my partner who is located about 1.5 miles away. This is closer than my home which is over 50 miles away. I have asked her to marry me and she has accepted, however, we have not set a date as I have a house in another state that I have to sell. Her husband believes that since we have been engaged for over a year, he should not be forced to pay alimony and has since filed an action in court to cease her alimony based on what he believes to be cohabitation. We do not intermingle any finances, she pays her bills, and I pay mine. I have stored some items at her house as I am intending to move in when I get married. Her daughter has stated that she believes we are living together because I am always here when she comes over and she is prepared, if asked, to state this. Problem is that she has only been here about 4 times in the past year.
Family Lawyer: LawHelpNow, Attorney/Lawyer replied 5 years ago

Hello and thanks for choosing Just Answer®:

 

I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.

 

My goal is to make your experience here highly satisfactory. Toward that end, please keep a few details in mind during our interaction:

 

  1. I am a lousy mind reader. If you do not supply information to me, I do not know it. Please, give me the needed details to work with so I can provide you with the best possible service. Also, if you use the RELIST or BLOCK features, our discussion ends and I may no longer be able to assist. Please, just write back to me, directly, and talk to me.

  2. Also, while I make every effort to work in a timely fashion, answering legal questions is not an instantaneous process. I am required to conduct research, interact with multiple customers simultaneously and sometimes take a break. Also, there may be times when I have to sign off for the night or to attend to other obligations. Rest assured, however, I will get back to you.

  3. If you have a new legal question, the terms of this site ask that you post it in a separate thread. In other words, please be fair and reasonable. You can direct any future questions to my attention. Just go to my Profile Page, type in the text box "ask Your Question", click the hyperlink that says "15 minutes", and use the drop down menu to select 12 hours.

  4. Please remember that many times even attorneys disagree with the law. But, we cannot change it. The answer I give you is based on my years of legal education and professional practice. It may well not be what you were hoping to hear. I will be upfront and direct. I will not mislead you, misstate the law to suit your hopes, or agree just to meet your expectations.

  5. Lastly, please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated. Information provided is informational and not legal advice. I am not your attorney. No attorney-client relationship exists between us. Consult legal counsel in your jurisdiction.

 

Thanks for your patience in writing back and awaiting the formulation of my answer!

 

QUESTION: "What is the legal definition of Cohabitation? What issues must exist to prove cohabitation? If I want to prove someone is cohabitating, what must I prove?"

 

ANSWER: I am pleased to say that there is a rather recent case providing some solid guidance on this very topic. O'Hara v. Vuturo is a 2005 holding in the context of a family law alimony dispute. The case discusses the application of the statutory legal definition afforded by virtue of Code of Virginia § 20-109(A). To access the case and the statute, please just click on each link to be taken directly to the applicable text. In my estimation, these are the two best places to turn for your search.

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
Verified
LawHelpNow and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask LawHelpNow Your Own Question
LawHelpNow
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7,639
7,639 Satisfied Customers
Experience: Relax. Let's work together. Practical solutions.

LawHelpNow is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Will this help with alimony or retirement payments and
Will this help with alimony or retirement payments and insurances … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
This is about attorney fees award in family law, California,
This is about attorney fees award in family law, California … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question for an immigration and family law attorney
I have a question for an immigration and family law attorney in reference to taking my newborn baby to China for one year to stay with her grandparents. Details: My daughter's mother is from China and… read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
Family law. Florida. A few. My questions are pertaining to a
My questions are pertaining to a D.V filed against me.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
There was a question posted in 2012 regarding cohabitation
Hello --There was a question posted in 2012 regarding cohabitation in Virginia and answered by Lawyer Lori. It stated: What does it take to prove cohabitation in the state of VA. What does it take to … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
My question pertains to family law. After filing with the
Hello. my question pertains to family law. After filing with the state and receiving child support , father ask us to move in . what is the statue of time frame or does he go back to stop child suppor… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I have question re: Family Law/Divorce and a QDRO around
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
What are the requirements to recieve alimony in a case of
What are the requirements to recieve alimony in a case of adultery and how much proof do I need of my claim? … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
178 satisfied customers
This is a colorado family law question. Is there any risk
This is a colorado family law question. Is there any risk associated with paying my wife out of the house prior to submitting documents to a court for a divorce decree?My wife needs the money; I offer… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
My question is regarding potential alimony. We're in Georgia
Hello. My question is regarding potential alimony. We're in Georgia & have been married 22 years. No prior marriages, children, assets/debts. No infidelity, abuse or inheritances. Two kids in college … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
413 satisfied customers
I was order to. I was order to pay alimony in state of
I was order to pay alimony in state of Georgia but when order I … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
I'm cohabitating with my spouse and we are telling family
I'm cohabitating with my spouse and we are telling family and friends we are separated and we live in sc. Also I have a boyfriend and my spouse has allowed me use of our home on weekends to entertain … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I'm divorced and receive alimony, it says I can not
I'm divorced and receive alimony, it says I can not cohabitate....but if I move in with my boyfriend and he does not pay for me can I still receive alimony? I make very little money and my ex makes a … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I cohabitation, I have cohabitation in wisconsin with my
I have cohabitation in wisconsin with my partner of 9 years. He resided at my property,but kept his own address,but did not receive there. Through these years we have purchased trucks, equipment, etc. He bartered for most so no titles. I s it mine to with as I want … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
For alimony to stop one has to cohabitation for more that
For alimony to stop one has to cohabitation for more that 365 days right? What is the amount of break that can/needs to occur before 2 can cohabitate again... VA 20-109 … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Cohabitation and alimony. My ex thinks he doesn't have to
cohabitation and alimony. My ex thinks he doesn't have to pay alimony because he thinks I'm living with someone. our divorce agreement only states he will pay alimony until I am remarried.… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x