Bialac v. Bialac

LOCKWOOD, Justice.

Lynn Bialac appeals from an order dismissing her divorce proceeding againt Jerry Bialac. The lower court dismissed her complaint for lack of jurisdiction after concluding her husband’s residence was in California at all times material to her divorce action.

To maintain this divorce action, appellant, at the time of filing her complaint, must have been “an actual bona fide resident of the state for one year.” A.R.S. § 25-311. Since appellant and appellee had been living together within the year preceding the filing of the complaint in this action, appellant’s residence depends…