I currently live in Georgia for 3 years.
My husband had decided to divorce me while hes deployed in Iraq. he found someone else. I cant prove adultery. i dont care.
he doesnt want to be with me..Ill leave.
We have a child.
NOw, this is where I need help.
In Georgia - to file for divorce youneed to be resident. or request divorce from someone hos resident for 6 years.
I want to move to Texas, who has their own 6 month resident requirement
He gets back in 3 months.
I will only be California resident for 2-3 months when he gets back.
Does that mean he has to wait 3-4 months before he files for divorce against me in Los Angeles?
Or does he just file for divorce against me in Georgia (which I will no longer be a legal resident)
AND
He receives BAH for us in Georgia.
If I live with our child .. does he still require to pay for our rent
until we are divorced finalized?
Or since we move from Georgia,
I am on my own like he says I will be?
He says he will change allotment
Can he
2007-12-25 16:21:53 · 5 answers · asked by Back on the market 1 in Family & Relationships ➔ Marriage & Divorce
In order for a court to have the authority to make a judgment regarding a marriage, the state has a residency requirement. This is normal. What may make a difference is your military status. Having said that, you need legal help in determining what your legal residence is. From what you're saying, you may have residency in California, Texas, or Georgia.
Simplest thing is to find an attorney where you are now. (Six years seems a long time to acquire residency.) Ask this attorney what your alternatives are. Make sure you ask about the test(s) for residency- do you have utility bills, a driver's license, etc?
I might be wrong, but I think the allotment you get won't be changed until a divorce is final. The two monetary issues you'll consider are alimony and child support. And you'll need legal help for this, too.
The cite below has a lot of information. You may find someone who's been in your place, or you may post your own question there. It's a good cite. The second one gives a phone number for military spouses. The last one is about money.
2007-12-25 16:35:54 · answer #1 · answered by going_for_baroque 7 · 0⤊ 0⤋
CA like Texas has 6 month residency requirement
but since you have a child he cannot file an uncontested divorce in CA
since the guides are
6 month residency
no children
no community assets
less than 5 years
all have to be met for him to file uncontested divorce in LA ( CA )
he could also file in GA as you mentioned since he meets the residency requirements
2007-12-25 16:49:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I dont see why, if he used to live in Georgia, and went back after 4 months, he actually wasn't a true resident of SC...I think he would've had to been in SC for 6 months like you said... so technically he is still a Georgian resident, a lot of people leave state to visit then go back home a few months later...
2016-05-26 06:15:35 · answer #3 · answered by ? 3 · 0⤊ 0⤋
if he divorces you then he can change his allotment.
Since you are a military dependent, where is your voting district. The place you claim as your voting district will be your place of legal residence, regardless of where you are currently living. Get a lawyer and see what your rights are for where you are living now.
The Texas law means exactly what it says, you will need to live in Texas for 6 months before you can file for divorce as a resident.
If he stays in the military you can have his child support and any spousal support payments that you are awarded taken out of his paycheck and deposited into an account especially for the payments.
2007-12-25 16:34:47 · answer #4 · answered by Invisigoth 7 · 0⤊ 0⤋
that. not grorgia law recheck whoever you spoke to ok .?
2007-12-25 16:31:11 · answer #5 · answered by the_silverfoxx 7 · 0⤊ 0⤋