Grounds of Residency


#1

My question is grounds of residency on divorce. My husband is seeking a divorce from NC. He is in the military we did our separation agreement contract through NC attorneys. We sold our house on Feb 19 that was the closing date on the home. He got orders in Aug or Sept time frame that he was being stationed at Fort Hood Texas. He left NC on or about Jan 7 2010 to drive to his new duty station. Can he still claim residency in NC? The summons that was mailed to me from his attorney that pertains the First Claim of Relief which was typed by his attorney has a date that was typed in as of this the 4th day of July 2010 and the month was crossed out and was hand writtne in the month of Aug. The Verifacation sheet that was my husbands sworn oath statement was handwritten in for the state and county and then signed by him, but for the Subsribed and sworn to for the notoray has an date of July 26 which is the first day of when the divorce can be started, but that paper could not have been recieved by his attorney by the aug 4th date and from Afghastain and then mailed to me as a certified mail and signed for on Aug 6. I am an notoray from NC and I know that you can not have a notary paper done way ahead of time as a sworn statement, that you must actually appear infront of the notary. The sworn statement is done on his attorney legal paper, so it makes me wonder if this sworn statement was done way ahead of time. So I would think that that sworn statement would have had to be done in Afgahastain since he deployed to combat on June 16-18 2010. The mail system does not work that fast from combat zone.


#2

If your husband is merely stationed in TX, but still intends on living in NC at the end of his assignment, he can still be considered a resident of NC if he maintains a home here (whether it is owned or not).

I cannot make an assumption of what date the document was signed. If it was notarized it is presumed to be signed on the date written by the notary.


#3

No he has orders taking him from NC to Fort Hood Texas, this was a PCS move along with family members. The army normally stations the soldier and dependants at a new duty station for at least three years. His unit from texas just recently went over to combat somewhere between Jun 16-18 2010. We did own a home there and our house was sold on Feb 19 2010. His home of records if the state of Al., he does use his parents address in Fl for his residence so that he does not have to pay state tax, and that is shown on his les. During his military career he has never been stationed in the state of Fl at all. So can the divorce from the state of NC be thrown out since not a residence and home was sold in Feb of 2010?

thanks


#4

If he is not a resident of the state and you are not either, the action is improper and you may file a responsive pleading seeking a dismissal.