Divorce & Residency

[jjeb0004]

I live in Florida and my husband is in the military overseas.  He filed for the divorce papers in Alabama.  He is not a resident from Alabama as he just transferred overseas in the fall of 2004, and we lived in Florida until we moved our belongings to his family's in Alabama.  I will be representing myself.

What do I need to submit to the Alabama Court to have this proceeding not take place in Alabama?

Thanks!

EP

[socrateaser]

>What do I need to submit to the Alabama Court to have this
>proceeding not take place in Alabama?

First thing to do is look up the statutory residency requirements for dissolution of marriage in AL. I don't have time to do this, but if you find them and post them, then I can write a motion to dismiss for you.

Q:

1. Have you been served the paperwork in FL?
2. Do you have evidence, that prior to your spouse's deployment, that he was residing with you in FL? (utility bill with his name on it, etc.)?

[jjeb0004]

The residency requirement for AL is:

When 1 of the spouses is a nonresident of the state, the spouse filing for divorce must have been a resident of the state for at least 6 months before filing for divorce. The divorce may be filed for in any of the following: (1) the county where the defendant resides; (2) the county where the spouses both resided at the time of their separation; or (3) the county where the plaintiff resides if the defendant is a non-resident of Alabama. [Code of Alabama; Title 30, Chapters 2-4 and 2-5].

1.  I was served where I live in Florida for a Alabama Divorce...I hope  
     that answers your question.
2.  He sold the home he lived in in June of 2004 and then we lived in his
     family's travel trailer in Florida until August 2004 at which time we    
     moved the rest of our belongings to his parents/grandparents home
     in Alabama for storage and I resided there in AL from 8/2004 until
     11/2004 when I found out he stopped my
     Visa/Passport/Sponsorship to go to his overseas assignment.  He left
     to go overseas in 9/2004.
3.  He come in the middle of the night 3AM after dropping his son off for
     visitation with his first wife and took our truck with out telling me.
4.  He has only sent me a few hundred dollars for support since he left.


Thanks Soc for all of your help.

[socrateaser]

Your husband is a resident of AL for the purposes of the statutory requirements, because he established AL residence in 8/2004, and 2/2005 would be 6 months. The fact that he left AL for military service, does not defeat this, because his deployment is a temporary absence from his domicile state.

So, the divorce petition is valid. However, you may be able to prevent the AL court from determining support and property division, issues by filing a motion to dismiss based on lack of personal jurisdiction.

Q:

1. Have you responded to any legal paperwork, such as by signing an acknowledgement of service or by sending anything to the AL court?

2. If #1 is yes, then you're stuck and your divorce will take place in AL.

3. If your property, furniture, etc., is stored in AL, then the AL court can exercise authority over it. If property is located outside of AL, then, if #2 is No, then the AL cannot exercise authority.

4. With regard to spousal support, if #2 is No, then the AL cannot make orders with respect to spousal support, assuming that you file a motion to dismiss, and you can prove that you were not a resident of AL at the time you were served the summons in FL (i.e., with a utility bill or some other evidence of FL residence).

[jjeb0004]

Soc,

To answer your questions:

1.  Yes, he filed on 1/5/05 and I had 20 days to answer.  In my answer I denied him being a AL resident.  By the time he filed he lived overseas for 4 months.

2.  Can I file a motion for dismissal for he  is not  a residnet?

3.  Can I ask the AL court to issue an order allowing me to get mine and my childrens property?

4.  Regarding spousal support we were only married since 6/04 just so he could win an court order to take his son overseas away from his ex-wife, saying I would be the caregiver and transporter for visitation.  Then he left in 9/04 and stopped my passport and visa via the military and then wanted a divorce one month after he was overseas and had his son with him.

I am sorry to ramble.  I really do appreciate all of your help and advice.  

[4honor]

his residency is his "home state of record" it is on his DD214 and may likely trump utility bills. If his family is from Alabama, his home of record is likely Alabama. I spent 4 years in the military, (home record Oregon) and after that it has taken 4 years after giving up residency there, Oregon still had me on the jury duty rolls.

If you have no children in common and you married him so he could gain greater advantage in a custody hearing, then it sounds like you rented yourself and your children out for a time... a business proposition. Not a judgment, just a statement of appearances.

If you just want your stuff, go through with the divorce and ask for the judge to give you your stuff.  Also, until the divorce is final, you are entitled to your pro-rata portion of his housing allowance (you, his child and any other person he is legally required to support would share it equally).

[socrateaser]

>2.  Can I file a motion for dismissal for he  is not  a
>residnet?

When you filed your answer with the AL court, without challenging jurisdiction over you, you waived your constitutional due process right to avoid AL jurisdiction and submitted yourself to the personal jurisdiction of the A court. Therefore, your divorce will now take place under AL law. So, forget about Florida, because you will not be able to obtain a dismissal.

>
>3.  Can I ask the AL court to issue an order allowing me to
>get mine and my childrens property?

Yes. But, proving that the property is yours, will not be so easy.

>
>4.  Regarding spousal support we were only married since 6/04
>just so he could win an court order to take his son overseas
>away from his ex-wife, saying I would be the caregiver and
>transporter for visitation.  Then he left in 9/04 and stopped
>my passport and visa via the military and then wanted a
>divorce one month after he was overseas and had his son with
>him.

I would not tell the court that your marriage was entered into for some ulterior and perhaps fraudulent purpose. This could cause the judge to look badly on both you and your husband. I suggest that you deal with this situation like any other marriage.

Do you have children with your current husband?

[jjeb0004]

Thank you Soc for your help and your replies.  I appreciate all of your time and advice.  

[jjeb0004]

I will have to see what his home of record is and how I could obtain his DD214.  His family is from AL and he entered into the miliary in FL.

I am going to ask the judge for my stuff.  How do I go about getting a pro-rata portion of what I am owed since he has been gone?  I keep running into road blocks with the military?

Thanks for your reply.

[EyeforKids]

He won't have a DD form 214 until he's discharged from active duty.

You won't get anything from the military in terms of money until you have an order from the judge.

I'm also thinking that since HE filed, he can't use the SSCRA to ask the court to stay any proceedings (like stop and hold) while he's overseas.

So, ask the judge for what you want -- your stuff and "what you're owed" and get a court order to have it enforced.  And actually, since he's military, if he owes you money, get it spelled out as a wage garnishment and stuff so that the military will help or CAN help in collecting anything.