Legally divorced?

[mikepn54]

What is the name of your state (only U.S. law)? ALASKA
Was at the law library today and couldnt find a real answer to my problem.
My wife has been in the state of Alaska for about a year before she filed and recieved a divorce from her husband in Korea.Alaska law states you have to be a resident to be able to file for divorce.Although she has been staying here for a year and a half that before,during and after filing for divorce she had a Texas drivers license and plates on her car.She also flew down to Texas to renew the plates and license.For 3 years it was like that.She lived in her sisters apt.,bills paid by sister,worked for her sister(as a illegal).Had nothing in her name here.Living here are hundreds of people,who work year round but legally reside in a differant state.So can she be consisdered a resident of Alaska and still maintain Texas plates and license?Is her first divorce legal?What is the name of your state (only U.S. law)?

 

[justalayman]

So can she be consisdered a resident of Alaska and still maintain Texas plates and license?

it appears that you must apply for an Alaska license within 90 days of moving to Alaska.

Did she file taxes while in Alaska? If so, what state did she claim as residence? If she didn't file taxes, why?

Is there a reason for these questions? Is the husband disputing the validity of the divorce?

 

[mikepn54]

legally divorced?

I married this woman in april of 2011 and filed for the marriage to be voided due to fraud.4 months after we got married she got her green card and 2 months later moved out.In 2010 she filed for the divorce from her husband in Korea where she is from.Up till a few months ago she was a illegal alien.No she has not paid any taxes or anything here.Alaska law states if you are going to be a resident you have 60 days to get license and regestration for your car which she didnt.She renewed it in Texas.I was looking at a copy of her 2010 divorce and found out her lawyer then is her lawyer now and he knew she was not a resident.I didnt think anything about any of this till I saw the papers and realized what was going on.If she was not legally divorced from her husband in 2010 then she could not legally marry me.But I still dont know if the courts will deny her as a resident if she had the Texas plates and license.Any one know????

 

[Ohiogal]

I married this woman in april of 2011 and filed for the marriage to be voided due to fraud.4 months after we got married she got her green card and 2 months later moved out.In 2010 she filed for the divorce from her husband in Korea where she is from.Up till a few months ago she was a illegal alien.No she has not paid any taxes or anything here.Alaska law states if you are going to be a resident you have 60 days to get license and regestration for your car which she didnt.She renewed it in Texas.I was looking at a copy of her 2010 divorce and found out her lawyer then is her lawyer now and he knew she was not a resident.I didnt think anything about any of this till I saw the papers and realized what was going on.If she was not legally divorced from her husband in 2010 then she could not legally marry me.But I still dont know if the courts will deny her as a resident if she had the Texas plates and license.Any one know????

She could file in Alaska. And that divorce should stand. She was not military or there termporarily with a home base elsewhere. She received her mail there -- where were her doctors/dentists/professionals she saw if she saw any during that year?

 

[mistoffolees]

She could file in Alaska. And that divorce should stand. She was not military or there termporarily with a home base elsewhere. She received her mail there -- where were her doctors/dentists/professionals she saw if she saw any during that year?

I agree. AK seems to have very liberal residency requirements. The law simply says that you must be a resident of the state. No time limits, no definitions. It would be hard to argue that she wasn't a resident if she lived there.

There is absolutely no requirement that you must license your car there or have your driver's license there. Even if there were, she could have filed for divorce the day after moving to AK and then filed for her license later (or moved back to where she came from). The two are unrelated (heck, I know people who illegally keep their cars registered in a neighboring state in order to get lower insurance rates. If they get caught, they'd be in trouble for insurance fraud, but it would not affect their residency).


So, OP: your marriage is legal. You'll have to go through divorce (which is probably going to be less expensive than trying to void the marriage, anyway). Divorce isn't your real problem. The real problem is if you signed an affidavit of support. If so, you really need an attorney.

 

[mikepn54]

legally divorced

Spent a couple of hours last night going over alaska statutes.Both Texas and Alaska state that to be a resident you have to have car and license registered in that state.Ak statute 16.05.940(27) states resident means being there 12 months AND is neither claiming residentcy in another state.Car and driver registered in another state that before during and after filing and then returning to Texas to renew both shows that she wanted to be a Texas resident.
Ak statute 16.05.415(a) (b)Residency is physically present in state with INTENT to remain in state indefitely.No voting,no bills of any kind in her name,nothing to prove that she intends to stay here.Part of it also states that"cannot register your car or have a drivers license in another state".
Alot of what I read says you have to show intent on staying to be a resident,she has shown none another part has said that living in the state is not proof of being a resident.I believe the reason she kept her ties to Texas is that if immirgration was closing in on her she could take off back to Texas because it is a illegal alien friendly state.One other thing on why her first divorce is void is that reading the law books the court throws out the divorce because the other person in a another country was not properly notified of the hearing.Dont think they made much of a attempt doing that but that is something I have no acces to.

 

[Zigner]

It's easier and faster (and, probably, cheaper) to get a divorce. On the face of it, your marriage appears to be VALID. It seems to me that TEXAS is the state that is being lied to, not AK.

ETA: Filing for divorce in AK shows that she considered herself to be a resident of AK.

 

[LdiJ]

Spent a couple of hours last night going over alaska statutes.Both Texas and Alaska state that to be a resident you have to have car and license registered in that state.Ak statute 16.05.940(27) states resident means being there 12 months AND is neither claiming residentcy in another state.Car and driver registered in another state that before during and after filing and then returning to Texas to renew both shows that she wanted to be a Texas resident.
Ak statute 16.05.415(a) (b)Residency is physically present in state with INTENT to remain in state indefitely.No voting,no bills of any kind in her name,nothing to prove that she intends to stay here.Part of it also states that"cannot register your car or have a drivers license in another state".
Alot of what I read says you have to show intent on staying to be a resident,she has shown none another part has said that living in the state is not proof of being a resident.I believe the reason she kept her ties to Texas is that if immirgration was closing in on her she could take off back to Texas because it is a illegal alien friendly state.One other thing on why her first divorce is void is that reading the law books the court throws out the divorce because the other person in a another country was not properly notified of the hearing.Dont think they made much of a attempt doing that but that is something I have no acces to.

You also have to realize that residency for some purposes is different than residency for other purposes. You really have no way to claim that her divorce was invalid therefore your marriage is invalid. Just get a divorce.

 

[mikepn54]

legally divorced

What seems strange to me is that the residency requirments in Alaska to get a fishing license is 10 times harder than what appears to be the same for filing for divorce which is a real joke.I am not in any way a lawyer but what I have found is that yes living in the state is a big part of it but that there also has to be intent on staying and showing that yes you are a resident.Everything in this state for residency requirments has you show some kind of intent of staying.Some kind of action to show you have cut ties with your previous state.This crap of people saying just do the easy way insults every American who believes and follows the law.This is why this country is so screwed up because our courts do not hold people responsable for breaking the law.Instead of obeying the law lawyers sell them selves out for the almighty dollar.It is against the federal law to aid and abet a illegal alien and thats exactly what her lawyer did.Regardless she will be deported when it comes time to renew her green card due to the information I provided and was put in her folder.And today I took in paperwork that she used to apply for her green card and they agreed it looked fake and it was passed on to the fraud division of Immigration.Its a matter of principal and a matter of a law abiding citizen standing up for what is right.Im sick and tired of seeing the criminals using the court system for their own gain because they know how to use the system to their advantage.

 

[Isis1]

What seems strange to me is that the residency requirments in Alaska to get a fishing license is 10 times harder than what appears to be the same for filing for divorce which is a real joke.I am not in any way a lawyer but what I have found is that yes living in the state is a big part of it but that there also has to be intent on staying and showing that yes you are a resident.Everything in this state for residency requirments has you show some kind of intent of staying.Some kind of action to show you have cut ties with your previous state.This crap of people saying just do the easy way insults every American who believes and follows the law.This is why this country is so screwed up because our courts do not hold people responsable for breaking the law.Instead of obeying the law lawyers sell them selves out for the almighty dollar.It is against the federal law to aid and abet a illegal alien and thats exactly what her lawyer did.Regardless she will be deported when it comes time to renew her green card due to the information I provided and was put in her folder.And today I took in paperwork that she used to apply for her green card and they agreed it looked fake and it was passed on to the fraud division of Immigration.Its a matter of principal and a matter of a law abiding citizen standing up for what is right.Im sick and tired of seeing the criminals using the court system for their own gain because they know how to use the system to their advantage.

you know what even worse? the ones that back up those criminals, marry them and THEN have an issue with them being criminals when they are no longer in a good mood. THAT is what is annoying.

 

[mikepn54]

legally divorced

well you got me on that one point.She had been here for 3 years,dated her for a few months ,fell in love,and was lied to about her status.Instead of marrying her I should have turned her and her daughter in.But stupid me,I believed the good in people and fell for her scam.Fine,I got scamed and I am a fool for believing her but should she be able to just walk away with what she did?Just play stupid and say oh well.Here is a woman who always told me how bad America is. I had so much in my favor of proving my side that the whole thing was a fraud but doing so to win would have me calling her daughter to the stand.She is a decent young woman who goes to church all the time and believes in the truth.Having her tesify against her mother is not something I could live with.She has already gone thru hell because of her mother.What I find as a such a perversion of justice is that this woman is a illegal alien.She is not a resident of this country but yet be a resident of a state???Uses the very system that would arrest her and deport her to futher her scam.Uses the very lawyers that are supposed to uphold the law to be able to help her be a U.S. citizen.Doesnt pay taxes but is able to walk right in to a court,use it for her gain and we the tax payers foot the bill.She may be paying the lawyer but we pay for the rest.Yeah I was a idiot for caring for for a woman who treated better than any woman in my life.I could have stood by and have done nothing or try to stop a wrong I was involved in.

 

[mikepn54]

legally married

By the way ,Im sure the hell not in a bad mood and sure the hell wasnt when she left.

 

[Proserpina]

What seems strange to me is that the residency requirments in Alaska to get a fishing license is 10 times harder than what appears to be the same for filing for divorce which is a real joke.I am not in any way a lawyer but what I have found is that yes living in the state is a big part of it but that there also has to be intent on staying and showing that yes you are a resident.Everything in this state for residency requirments has you show some kind of intent of staying.Some kind of action to show you have cut ties with your previous state.This crap of people saying just do the easy way insults every American who believes and follows the law.This is why this country is so screwed up because our courts do not hold people responsable for breaking the law.Instead of obeying the law lawyers sell them selves out for the almighty dollar.It is against the federal law to aid and abet a illegal alien and thats exactly what her lawyer did.Regardless she will be deported when it comes time to renew her green card due to the information I provided and was put in her folder.And today I took in paperwork that she used to apply for her green card and they agreed it looked fake and it was passed on to the fraud division of Immigration.Its a matter of principal and a matter of a law abiding citizen standing up for what is right.Im sick and tired of seeing the criminals using the court system for their own gain because they know how to use the system to their advantage.

Really? Where exactly did you take that paperwork?

Do you realize that even if she is found guilty of fraud - you may find YOURSELF in deep doo-doo at the same time?

Just be aware.

 

[Isis1]

really? Where exactly did you take that paperwork?

Do you realize that even if she is found guilty of fraud - you may find yourself in deep doo-doo at the same time?

Just be aware.

that would totally......

 

[Proserpina]

that would totally......

I wonder if OP signed that magic form....

You know the one.