Change of Legal Residence in the Armed Forces

I am a in the army. My current residence is Louisiana. I would like to change my residence to Florida. What are the requirements to make this change? Also, I will be going to a 3 month school in Florida along with PCS orders to Puerto Rico. Would this help me?

Answer: To acquire a domicile of choice in a new place, two things must happen:

(a) you must be in the state and

(b) while you are there and before you leave, you must intend to make it your permanent home.

Those two requirements are all that is needed. You don’t have to buy property in the new state, open a bank account there, vote, get a driver’s license, file a legal notice in the newspaper, or anything else. Physical presence, combined simultaneously with the appropriate mental intent, is all that is required.

So your time in Florida will satisfy the presence requirement.

Unfortunately, testing mental intent can be difficult at times. So, to show that you really intended to make the new state your domicile, it might be a good idea to do some or all of the things listed below, understanding that those actions are not what make you a legal resident; rather, they are simply evidence that he intended to make the state his SLR.

You do not need to live in the state for an extended period of time, own a home in the state, or have an address in the state to be domiciled in the state. You just need to be physically present in the state at the time you decide to make it your permanent home. For example, you could drive around the state and be so impressed by its beauty that you would immediately adopt it as your permanent home, but if you have no feelings about it before you leave, your address hasn’t changed.

Domicile is primarily a state of mind that a certain place is your permanent home. It is a mental attachment that you carry with you. Once you purchase a home, it remains your home, even if you leave it, unless your mood changes while you are away.

If you change your address status, you may need to prove it. For example, you may have decided to stop paying state income taxes because you changed your address to a state with no income tax. Your old address, the state that loses tax revenue, may challenge that change. Or your spouse, for example, could file for divorce at your old address, and you may not like the divorce laws there. If you can prove that you changed your address, you may be able to dismiss the case. In the case of taxes, if you can’t prove that you changed your address, you could end up owing taxes to two or more states, requiring a court to decide the matter.

The best evidence of your state of mind is the contacts that other people can see you have with a specific state. For the types of actions that help prove your domicile status, see the list below. You cannot successfully prove that your address has changed unless your contacts prove beyond the benefit of the legal consequences that a change of address would give you. You must have all of your contacts with the state you call your permanent home. If you have contacts with multiple states, it may be difficult or impossible to prove your address.

Actions to display intent:

1. Express intent, oral or written, and physical presence, past and present (including duration) [Prerequisite to establishing domicile].

2. Vote registration [Important Factor]

3. Vehicle registration as a non-resident military vice resident [Important factor, but you have a choice.]

4. Driving license for motor vehicles [Important Factor]

5. Location of bank and investment accounts.

6. Explanations for temporary changes of residence.

7. Filing of DD Form 2058 (Change of Address Form).

8. Payment of taxes – income and personal property [Important Factor]

9. Payment of non-resident tuition to higher education institutions

10. Statements of residence in legal documents such as wills, deeds, mortgages, leases, contracts, insurance policies, and hospital records. [Important factor]

11. Statements of address in affidavits or litigation[Important Factor]

12. Residence of immediate family.

13. Membership in ecclesiastical, civic, professional, service, or fraternal organizations.

14. Ownership of burial plots.

15. Place of burial of immediate relatives.

16. Location of Charitable Contribution Donations.

17. Location of schools attended by children.

18. Ownership of real property. [Important factor. However, ownership of property in another state will not disqualify.]

19. Registered address at the time of entering service.

20. Place of marriage.

21. Spouse’s house.

22. Place of birth.

23. Business Interests.

24. Sources of income.

25. Outside employment.

26. Address provided on federal income tax return.

In general, unless you have taken at least some of these steps, it is doubtful that your State of residence/legal address has changed. Failure to resolve your Residency/Legal Domicile Status concerns may adversely affect certain legal privileges dependent on legal residency/residency, including, but not limited to, eligibility for resident tuition rates at universities status, eligibility to vote or run for public office. charge and eligibility for various welfare benefits. If you have any questions regarding your State of residence/legal address, you should consult your Legal Aid attorney for legal advice before deciding to change your address.