How to stop alimony using the cohabitation clause?

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    How to stop alimony using the cohabitation clause?

    I married a gold digger. I have recently reached a divorce settlement without trial. I finally did this to throw in the towel as expenses in this case reached the 30k mark. The final settlement agreed to alimony for another year totaling bout 30k. One of the stipulations was if my spouse were to engage in cohabitation with any person in a "marriage like" situation, alimony will stop.

    Only 3 weeks after the settlement was reached I have learned she moved her boyfriend into her home! Again she's now making a fool of me. I fired my attorney once we reached settlement gas her billing practices proved to be unethical and I am now seeking an auditor to review; that is another situation all together.

    My questions are this:

    1. Would a privately Investigators footage be enough to stop alimony?

    2. Do I need to hire another attorney and have them hire the PI?

    3. Once I have the evidence of cohabitation how do I proceed? Do we provide info to her attorney and state we aren't going to pay any longer and let her attorney make a move?

    4. Or do I have to go before a judge again to get them to order dismissal of alimony?

    This whole case has caused me nothing but grief and I want it behind me. However after dealing with her adultery, verbal abuse, stealing and generally breaking my heart I really want to feel some sort of justice is served. What is the fastest and cheapest method of making thus happen? Thanks in advance for any direction you can offer.


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    If the alimony agreement is part of the divorce degree, you're going to have to go back in court, which means you're going to have to hire a divorce attorney.

    If there is any evidence that you have from a PI, you're going to want to preserve that, and then follow the legal advice of your attorney regarding future potential surveillance.

    Unfortunately, you're going to probably have to go before a judge again as mentioned in order to dismiss the alimony. Unless she doesn't contest the modification put forth by you and your new attorney.

    Regarding your old attorney, any attorney you consult, you're going to wanna get an estimate from them up front. And then continue to remind them of your estimate so that they don't go crazy billing your hours. I want you to not have to pay that $30k if it is unreasonable, but you're going to have to ask yourself how much you'll spend on an audit. There sometimes comes a point when you have to leave it behind, and not "throw good money after bad."

    It's unfortunate and I feel for you!
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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