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  #1  
Old 01-13-2008, 12:30 PM
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Does he have a leg to stand on?

What is the name of your state? Michigan.

Okay, the soon-to-be-ex left, and has lived (continually) in Florida these past seventeen months. I filed for divorce here. On his counterclaim, he stated he has been a resident of Michigan for the past 180 day, and a resident of this county for 10 days. Neither are true. There is overwhelming evidence proving this false. How does this work to my advantage?

Also, he will not be showing up for the hearing, but might send his lawyer. This works to my benefit how?

(Not stupid here, just need knowledgeable feedback. Thanks!)
  #2  
Old 01-13-2008, 12:37 PM
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Quote:
Originally Posted by ljandmewt View Post
What is the name of your state? Michigan.

Okay, the soon-to-be-ex left, and has lived (continually) in Florida these past seventeen months. I filed for divorce here. On his counterclaim, he stated he has been a resident of Michigan for the past 180 day, and a resident of this county for 10 days. Neither are true. There is overwhelming evidence proving this false. How does this work to my advantage?

Also, he will not be showing up for the hearing, but might send his lawyer. This works to my benefit how?

(Not stupid here, just need knowledgeable feedback. Thanks!)
Just to clarify:

You live in Michigan, right? And you filed in Michigan, right?

Is he trying to say that this cannot be filed because HE is not a resident?

If you are an established resident in Michigan, in that county, then your filing will stand.

Unless he filed in FL -- before you did in MI.
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  #3  
Old 01-13-2008, 05:35 PM
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Quote:
Originally Posted by ljandmewt View Post
What is the name of your state? Michigan.

Okay, the soon-to-be-ex left, and has lived (continually) in Florida these past seventeen months. I filed for divorce here. On his counterclaim, he stated he has been a resident of Michigan for the past 180 day, and a resident of this county for 10 days. Neither are true. There is overwhelming evidence proving this false. How does this work to my advantage?

Also, he will not be showing up for the hearing, but might send his lawyer. This works to my benefit how?

(Not stupid here, just need knowledgeable feedback. Thanks!)
I wonder if perhaps that was standard verbiage in his attorney's standard paperwork, and whoever prepared the documents made a mistake and left in the standard verbiage.

I don't see how it can give him any advantage, in any way, to claim that he is currently an MI resident, when he is not. Also, the service paperwork would demonstrate that he was served in FL.

I really think it could be an error out of his attorney's office.
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  #4  
Old 01-13-2008, 07:04 PM
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Quote:
Originally Posted by majomom1 View Post
Just to clarify:

You live in Michigan, right? And you filed in Michigan, right?

Is he trying to say that this cannot be filed because HE is not a resident?

If you are an established resident in Michigan, in that county, then your filing will stand.

Unless he filed in FL -- before you did in MI.

Right, and right.

No, he's trying to file a counterclaim claiming he is/has been a resident here when he is/has not (during the time period necessary to file as such).

No, he didn't file in Florida.
  #5  
Old 01-13-2008, 07:07 PM
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Quote:
Originally Posted by LdiJ View Post
I wonder if perhaps that was standard verbiage in his attorney's standard paperwork, and whoever prepared the documents made a mistake and left in the standard verbiage.

I don't see how it can give him any advantage, in any way, to claim that he is currently an MI resident, when he is not. Also, the service paperwork would demonstrate that he was served in FL.

I really think it could be an error out of his attorney's office.

It doesn't appear to be an error on his attorney's part. It appears intentional. (Even the clerks were looking at it, saying, "Who's he trying to fool.")
  #6  
Old 01-13-2008, 07:23 PM
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Quote:
Originally Posted by ljandmewt View Post
It doesn't appear to be an error on his attorney's part. It appears intentional. (Even the clerks were looking at it, saying, "Who's he trying to fool.")

The thing is that I don't see how it gives him any benefit to lie about that.
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  #7  
Old 01-13-2008, 09:31 PM
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Quote:
Originally Posted by LdiJ View Post
The thing is that I don't see how it gives him any benefit to lie about that.

Perjury?

The forms stated that he needed to be a resident to file a claim....

And doesn't he himself need to be present during the hearing? He won't be.
Last edited by ljandmewt; 01-13-2008 at 09:34 PM.
  #8  
Old 01-13-2008, 09:42 PM
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Quote:
Originally Posted by LdiJ View Post
The thing is that I don't see how it gives him any benefit to lie about that.
And you can't see that you're validating the concerns of another nut case???

If the husband came here asking questions way out in left field, you wouldn't hesitate to put him in his place!!
  #9  
Old 01-13-2008, 09:46 PM
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Quote:
Originally Posted by LdiJ View Post
The thing is that I don't see how it gives him any benefit to lie about that.
Florida requires that a married person purchasing a house in Florida must either include the spouse on the deed or in some type of mortgage paperwork before the house can be bought. Whether its the deed or just some paperwork for the mortgage company, that house in Florida is marital property.

Is it possible he owns a house down in Florida or is wanting to obtain a house in his name in Florida before the divorce is finalized in Michigan? Thus preventing you from any asset of the property.

Is it possible that he lied to Florida about being married and bought a house there?
  #10  
Old 01-13-2008, 10:28 PM
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If you filed in and venue is proper in Michigan, it makes no sense that he would have to be a resident of Michigan to file a counterclaim. Where is he supposed to file it? He can't file in Florida now that you filed in Michigan. He can't be denied his right to make his own claims in your divorce because he doesn't live in the state in which the divorce is filed.
  #11  
Old 01-14-2008, 01:50 AM
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Originally Posted by las365 View Post
If you filed in and venue is proper in Michigan, it makes no sense that he would have to be a resident of Michigan to file a counterclaim. Where is he supposed to file it? He can't file in Florida now that you filed in Michigan. He can't be denied his right to make his own claims in your divorce because he doesn't live in the state in which the divorce is filed.
That was my first line of thought too. But I think OP is refering to his resident status being incorrect and wants to use that to her advantage... and claim that he lied about that so maybe he lied about other information.
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  #12  
Old 01-14-2008, 04:02 AM
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Quote:
Originally Posted by ljandmewt View Post
Perjury?

The forms stated that he needed to be a resident to file a claim....

And doesn't he himself need to be present during the hearing? He won't be.
I thought you were the one who filed the case? He doesn't have to be a resident to respond or file a counter claim.

If he is not present, then you will likely get whatever you are asking for by default. If he is represented by an attorney, that's perfectly legitimate. He could also be present telephonically.
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  #13  
Old 01-15-2008, 11:03 PM
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Thank you.
  #14  
Old 01-15-2008, 11:25 PM
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If the X has been a Florida resident for 17 months, and is now claiming MICHIGAN residency, he might want to be careful there. The state of Michigan will want to know why he hasn't filed a Michigan state return.
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