Legal Question in Family Law in Wisconsin

Moving in/out of a state and file for divorce

If I was to live in a WI for 9 months and moved out for 1 month to MN and moved back to WI leaving him in MN. WI requires 30 days resident and 6 months before filing for divorce. But I didn't know that and I went to pro-se to help me fill out my papers and she told me it was okay because it was like a vacation and plus I hadn't change any of my resident ID or paperwork yet. So I was only back for 30 days and file for divorce. The judge wants me to find proof on if it's okay for him to grant me the divorce if I lived in WI for 9mos. and out for 1mo. back within 1mo.. Would the 9mos be consider ok for residence still if I was moved out and back in? Is there any law of how to lose residence in a state because I couldn't find any? Or will I have to establish resident and be in WI for another 6mos. before I file again to be legal?


Asked on 7/28/03, 12:46 pm

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Moving in/out of a state and file for divorce

Hello,

This appears to be a case where you should be able to go ahead with the divorce without waiting another 6 months -- but the trick will be coming up with something that the judge will accept as proof of the residency. Usually the judge doesnt ask for proof, you can just state that you have been here that long and the judge accepts it. However, the judge has raised the question now and so you will have to either come up with the proof or wait. As far as proof, can you find some papers with dates on them to show you were in Wisconsin during the time in question: charge card statements, checks paid to Wisconsin businesses, a lease, etc. If not can you find a couple people to sign statements under oath as the fact that they know when you came to Wisconsin, when you left and when you came back. I cant say for sure what the judge will accept or not, but the better your proof the better your chances. Good Luck, Mark J. Mahoney

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Answered on 7/28/03, 7:16 pm


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