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 location 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, simultaneously combined with the appropriate mental intent, is all that is required.

Your time in Florida will then meet 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 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 only need to be physically present in the state at the time you decide to make it your permanent home. For example, you could drive across the state and be so struck 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 acquire an address, it remains your address, even if you leave it, unless your state of mind changes while you are elsewhere.

If your state of residence changes, you may need to prove it. For example, you may have decided to stop paying state income taxes because you moved to a state with no income tax. Your old address, the state that loses tax revenue, can challenge that change. Or your spouse, for example, might file for divorce at your old address, and they 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 cannot prove that you changed your address, you could end up owing taxes in two or more states, and require a court to decide the matter.

The best evidence of your mood is the contacts that other people can see that you have with a specific status. 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 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 show intent:

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

2. Registration of votes [Important Factor]

3. Registration of the vehicle 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. Presentation of Form DD 2058 (Change of Address Form).

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

9. Non-resident tuition payment to higher education institutions

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

11. Declarations of domicile 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. Burial place of direct relatives.

16. Location of Charitable Contribution Donations.

17. Location of schools attended by children.

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

19. Registered address at the time of entry into service.

20. Place of marriage.

21. Spouse’s house.

22. Place of birth.

23. Commercial interests.

24. Sources of income.

25. Outside employment.

26. Address provided on federal income tax return.

In general, unless you have completed at least some of these steps, it is doubtful that your State of residence/legal address has changed. If questions about your State of residence/legal residence are not resolved, it may negatively affect certain legal privileges that are contingent on residence/legal residence, including, but not limited to, eligibility for resident tuition rates at universities state, eligibility to vote or run for public office. position 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.