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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hypothetically speaking... Lets say that my husband is a

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Hypothetically speaking... Let's say that my husband is a civilian contractor who deploys for a living. On November 18, 2009, we were married in Hidalgo County, Texas, where I own a home in Weslaco, Texas. The marriage license states our residence as the Weslaco address, but my husband maintains Arizona residency through using the address of a close friend who lives in Arizona. My husband does not live at the Arizona address he uses and has never lived there except fof short visits. He has not "lived" in Arizona since before his last divorce was final in February 2009, during which time he was actually deployed and did not return to the states until July 2009. He now wants to divorce me for no viable reason other than he believes that I "deserve someone better." I love him and married according to my wedding vows, for as long as we both shall live. I do not want this divorce. If such a scenario were factual, could he legally file for divorce as a resident of AZ? Factor into the scenario that he uses his friends AZ address for tax purposes as well (including state income tax), though we file in Texas and have the Weslaco address on file with our CPA in McAllen, TX. If you wish to talk to me, I can be reached after 4pm Texas time at XXX-XXX-XXXX. Please do not label described scenario as factual as I am simply trying to become educated in such situations at this point and do not wish any negative consequence to result from my desire for knowledge. Please respond to my email addy XXXXX@XXXXXX.XXX as the default email on my computer is not one I ever access, yet I access my gmail account several times a day. Thank you for your time and insight.
Dawn
Submitted: 3 years ago via mylawyer.com.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

I am sorry but we cannot directly contact you by phone or email. We can only assist you via this site.

To answer your question, so long as the person maintains residency and pays taxes, they are deemed to be a resident in that state. The other person CAN contest the filing on grounds of fraud and challenge the original party by providing evidence that they do not reside there. The other option is of course to file first in Texas and force him to use Texas courts for a divorce, which will be much less friendly to him (as Texas is a community property state).

Good luck.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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