Saturday, October 31, 2009

If your husband changes his address to a different state, is this called desertion legally?

he registerd his car in that state because he is working there he claimed. However he does not have a permanent job in that state. He goes to diffenent states to work.
Answers:
No, it's not desertion.
His Income Tax filings must be accurate, and if not, he can be liable for fraud.
To live in more than one state is normal for some. You can only file your taxes at the residence where you spend 6 months of the year.
It's probably not a company vehicle because you stated that he registered it himself. That being the case, he may be registering it in his name at his place of employ, which is illegal because he needs to pay car taxes where he lives - unless there is no state tax where he lives.
Desertion (Abandonment) is more or less when he leaves your joint-residence completely and never intends on returning.
I have to be vague with my answers for a reason. Sorry.
If he changes his address to across the street; it's desertion.
No, it isn't. It doesn't matter where his work address is, where his car is registered, where he lists on his income taxes, etc. All that matters is whether he is ACTUALLY living with you or not. Desertion usually requires actual abandonment for a specific (statutory) period of time, and this can vary from state to state. If you tried to get a divorce by saying he abandoned you, the judge will want to know where the two of you have been living, how often you see each other, etc. If you see each other all the time but his car is registered in another state, it will be insufficient to sustain the claim. You should call a lawyer for legal advice as to how to handle the situation (including other options, and what the legal period is for desertion).

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