Monday, June 17, 2013

NEW YORK DIVORCE - CELL PHONE EVIDENCE AND COHABITATION

When you are on various Internet groups, you get links to some very interesting articles and I pass this one along:

Cohabitation, the Termination of Alimony and Cell Phones

I liked it for two reasons:

1. It addresses cell phone evidence which, like email, Facebook and similar items, can become important items of evidence in various aspects of matrimonial law (although it does not address the cost in legal fees, etc. in obtaining these records).

2. It discusses the issue of cohabitation, which raises issues not only in maintenance but may also in custody matters.

But what is "cohabitation"?  Graev v Graev, 11 NY3d 262 [2008]) gives a warning to parties to make it explicitly clear what the terms of the agreement are with respect to the definition of cohabitation.

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