"Actual bona fide resident"???

[gobonas99]

What is the name of your state? I'm in NY...but question is regarding VA.

I'm just doing a bit of research. I've found the residency requirements for VA (VA Title 20, Ch. 6, section 20-97):

"§ 20-97. Domicile and residential requirements for such suits.

No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit; nor shall any suit for affirming a marriage be maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of this Commonwealth at the time of bringing such suit."

Not to be stupid, but what exactly does "actual bona fide resident" mean?

What if one party moves to VA, but leaves the majority of his or her personal effects behind, does not change his or her address with the post office, DMV, insurance co, other bills, etc...BUT his or her new employer believes the move to be a permanent one, but does not know that he or she has the intention after 12 months of either moving back (most likely), or the spouse moving to VA (possible but not likely)?

Thanks for your help!

 

[stealth2]

I suspect it means that the person has actually lived in VA for the length of time required, and had mail forwarded, gotten a license, etc.

 

[hexeliebe]

Not to be stupid, but what exactly does "actual bona fide resident" mean?

It means provable, an actual fact as opposed to the appearance of fact.

In other words, if a person has employment, a residence and pays bills such as telephone, electricty etc., then these are provable facts and results in residency.

If a person has a P.O. box in one state but actually has residence, a job and other conditions listed above, the mere fact that they have a P.O. box in the other state does not establish residency.

 

[gobonas99]

Okay, Hex...

"In other words, if a person has employment, a residence and pays bills such as telephone, electricty etc., then these are provable facts and results in residency."

What if....a person has employment in VA, rents a room from a friend for a flat monthly amount to include utililites (gas, electic, cable, internet), keeps their cell phone as their telephone (with a NY phone number) with the bill still being sent to their spouse in NY, all credit card/student loans/car payments/car insurance bills are still being sent to their spouse in NY, car registration and driver's license/voter registration is still in NY........basically how does one make sure that they do NOT become a resident of VA??

Thanks!

 

[hexeliebe]

by not moving there to work. All the things you just listed don't mean much if you receive a paycheck in Virginia. And your employer, if they are located in VA. will do exactly that.

There are provisions for out of state employment such as consulting, however, from your earlier posts on the subject you are not getting any cooperation from the employer so this option is going to be closed to you.

The only way you're going to not officially be a resident of VA is not to take the job.

 

[gobonas99]

Well...since it's either take the transfer or possibly get laid off (there won't be any new contracts starting until next May), there's not really much choice, since there are really no other companies in his field around here - and I am not in a position to move right now (JUST started a new job here a few months ago, and from what I've seen on Monster, the acct jobs in VA either don't pay enough or are asking for WAAYYYYY more experience than I have). We agreed that we'd evaluate the situation come April (I'd look for a job there, and he'll keep in contact with managers here)...and either I'll pack up and sell the house and move down there (not likely from what I've seen at this point), or he'll transfer back up here (most likely at this point).

*sigh* Not what I wanted to hear, but thanks for the info anyway.

 

[hexeliebe]

you're welcome. As an aside, although they list mostly consulting jobs, try www.dice.com

 

[gobonas99]

dice.com

Thanks, hex...doesn't help me, since I'm accounting, not technical...and the permanent jobs in syracuse are all lockheed.