This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Affidavit Of Cohabitation Requirements In Pennsylvania
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A petition must be filed in court, and you must be ready to prove the romantic and financial nature of the cohabitation. Evidence may include photographs, shared housing agreements, utility bills, and even social media posts.
To be legally enforceable, a cohabitation agreement in Pennsylvania must meet certain requirements. It must be in writing, signed by both parties and entered into voluntarily without coercion. It must also be fair and reasonable at the time it is signed.
The strongest piece of evidence of having lived together for 12 months is to provide a co-signed lease, utility bills and mail that show both of your addresses at the same place.
Pennsylvania case law further requires for it to be actionable as a bar to alimony, the cohabitation should involve two persons of the opposite sex residing together in the manner of husband and wife and mutually assuming those rights and duties usually attendant upon a marriage relationship.
To prove cohabitation, you will need to show that your ex is residing with another person, sharing household expenses and that they are holding themselves out as a couple. While the proof of sexual activity can be difficult to prove, it will generally be presumed when the other factors are proven.
An Affidavit of Cohabitation is a sworn statement attesting to the fact that two individuals have lived together as husband and wife for a specified period. It is a legal document typically executed under oath before a notary public.
Determining whether someone is cohabiting requires proof that meets a court's criteria. Proof generally requires evidence of a spouse-like relationship between the recipient and their partner which may involve showing that the couple shares a home, is romantically involved, and combines financial responsibilities.
A petition must be filed in court, and you must be ready to prove the romantic and financial nature of the cohabitation. Evidence may include photographs, shared housing agreements, utility bills, and even social media posts.
Although the Commonwealth may not recognize domestic partnerships, it does recognize cohabitation agreements. Cohabitating partners need only be two people living together in a committed relationship as if they were a married couple.
