How many nights of surveillance is required to prove someone is living with someone in regard to co-habitation?

UPDATED: Oct 1, 2022

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How many nights of surveillance is required to prove someone is living with someone in regard to co-habitation?

How many nights of surveillance is required for the courts to prove that someone is living with someone to prepare for a co-habitation case?

Asked on September 28, 2018 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no hard and rule. Likely, it requires at least 5 - 7 nights over several weeks, since you need to establish a pattern of living together: being together for 5 nights in a row during one week, for example, could just be a romantic week. You also ideally want other evidence of cohabitation: is a person's car left there, even when they are not home? Do they get mail sent to the other address? Deliveries? Social media postings--anything there supporting cohabitation? Etc.
We presume you want to eliminate alimony, so you are presumably talking about many thousands of dollars (or tens of thousands, or even more) at stake, over time. Hire a family law attorney to work with you: the lawyer will how best to prove cohabitation. The legal fee is a good investment.

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