What Is Domicile in Divorce Cases and Why Does It Matter?

Some states require the individual to remain in the same state for the duration of the divorce proceedings before he or she is permitted to vacate to a better-suited location.

States often also have other requirements such as residency in a state where the two were married, even if one of them does not currently have a home in that state. This may place stress on one of the spouses, but until these factors are satisfied, the relationship may not be dissolved.

Some states such as those in the Pacific Time zone have a specific amount of six months or longer for residency within the state before the two in the couple is able to go their separate ways. This also places a requirement on the county where the divorce case is filed. This means that whichever county is used as the location for the legal procedure to start the dissolution, this is where at least one of the two live in that area for no less than six consecutive months. Other states have similar demands, but both parties must live in the state for the divorce to finalize.

Residency Requirements

Because the couple must live in certain locations for a divorce to be completed, there is often a financial obligation that is more stressful than when the state the marriage became legal in does not have these burdens. Without fulfilling these responsibilities, other elements may be affected such as the division of property, child custody and monthly stipends for one of the spouses. It is important to contact a lawyer when starting divorce proceedings to ensure that all necessary factors are satisfied before attempting to progress to the next step.

Domicile is important wording when regarding Divorce cases with stipulations of residency. Based on the state demands, the term domicile has two meanings of a physical attendance in the state as well as the intention of staying there for the foreseeable future. These specifics are not intended to force the person to remain in the location forever, but at least during the filing period and for an amount of time longer than staying as a guest for only a few weeks is necessary in these instances. This does affect any plans on moving away, and if the person lives in another state, he or she must relocate for the remaining period until the divorce is final.

Showing Domicile

There are a variety of ways to show certain aspects of a regulation in regards to family law and circumstances involved. This means that residency requirements may be provided numerous means of proof. This means that there are specific matters that are closely analyzed instead of just being physically in the state or in another location. The residency is examined through lease and rental agreements, ownership of the home or possession of property with a physical presence. A venture of business or owning a company in the area is looked for. The registration of driver’s license and voting should reflect the state in which the divorce is filed. Tax returns, mail, memberships and organizational participation and banks should all be have details of the correct state.

The more evidence that exists to prove that the individual is living in the correct state, the greater the chances of proving the case. However, the less items the person possesses, the weaker his or her claim of domicile he or she has. Questions should be asked about how well domicile requirements match what the court is looking for in these circumstances. Legal separation may be more beneficial if the spouse cannot remain in the corresponding state at the time of needing to dissolve the relationship. If there is a worry about the other partner filing in a different state, this should be considered. If for any reason there is a possible challenge to the filing for divorce in the state, it may be possible to avoid having to move there if the challenge is won. Other factors may include where children live, what documents exist and where and where property resides.

Family Lawyer Help with Domicile Divorces

When there are few options available, a family lawyer may be able to find further assistance. The inconvenience of moving to the state where the divorce has been filed may lead to severe complications for one spouse while the other is unaffected. This may also cause difficulties with children if they already live outside the state of filing.

Provided by HG.org

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

Find a Lawyer