I am a in the military. My current residency is Louisiana. I would like to convert my residency to Florida. What are the requirements to make this change? Also, I will be going to a 3 month school in Florida in conjunction with Pcs orders to Puerto Rico. Would this help me?
Answer: to procure a domicile of option in a new place two things must happen:
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(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's necessary. You don't have to buy asset in the new state, open a bank account there, vote, get a driver's license, file a legal observation in the paper, or anyone else. Corporeal presence, combined simultaneously with the acceptable thinking intent, is all that's required.
So your time in Florida will satisfy the proximity requirement.
Unfortunately, proving thinking intent can be difficult sometimes. So to prove that you honestly did intend to make the new state your domicile, it might be a good idea to do some or all of the things mentioned below, with the understanding that those actions are not what make you a legal resident; rather they are naturally evidence that you did intend to make the state your Slr.
You do not need to live in the state for any distance of time, own a home in the state, or to have an address in the state to be domiciled in it. You only need to be physically present in the state at the time you decree to make it your permanent home. You could for example, drive straight through the state and be so struck by its beauty that you immediately adopt it as your permanent home, but if you do not have feelings about it before you drive out of it, your domicile has not changed.
Domicile is primarily a state of mind that a inescapable place is your permanent home. It is a thinking attachment that you carry colse to with you. Once you procure a domicile it remains your domicile, even though you leave it, unless your state of mind changes while you are in an additional one place.
If you convert your state of domicile, you may have to prove it. You might, for example, have decided to stop paying state earnings taxes because you changed your domicile to a state with no earnings tax. Your old domicile, the state losing tax revenue, may quiz, that change. Or your spouse, for example, might sue for separation in your former domicile, and you might not like the separation laws there. If you can prove your domicile changed, you might be able to get the case dismissed. In the case of taxes, if you cannot prove your domicile changed, you could end up owing taxes to two or more states, and wish that a court decree the matter.
The best evidence of your state of mind is the contacts that other habitancy can see you have with a specific state. For the kinds of actions to help prove your state of domicile see the list below. You may not prove successfully that your domicile has changed unless your show contacts beyond just the advantage of the legal consequences that a convert of domicile would give you. You should have all your contacts with the one state you call your permanent home. If you have contacts with complicated states, it may be difficult or impossible to prove your domicile.
Actions to show intent:
1. Expressed intent, oral or written and Corporeal presence, past and present (including duration) [Prerequisite to establishing domicile].
2. Voter registration [Important Factor]
3. Car registration as a resident vice non-residence military [Important factor, but you have a choice.]
4. Motor Car operator's permit [Important Factor]
5. Location of bank and venture accounts.
6. Explanations for temporary changes in residence.
7. Submission of Dd Form 2058 (Change of domicile form).
8. Payment of taxes - earnings and personal asset [Important Factor]
9. Payment of nonresident tuition to institutions of higher education
10. Declarations of home on legal documents such as wills, deeds, mortgages, leases, contracts, assurance policies, and hospital records. [Important factor]
11. Declarations of domicile in affidavits or litigation[Important Factor]
12. home of immediate family.
13. Membership in church, civil, professional, assistance or fraternal organizations.
14. Possession of burial plots.
15. Place of burial of immediate family members.
16. Location of donees of charitable contributions.
17. Location of schools attended by children.
18. Possession of real property. [Important factor. However, Possession of asset in an additional one state will not disqualify.]
19. Home of narrative at the time of entering service.
20. Place of marriage.
21. Spouse's domicile.
22. Place of birth.
23. Company interests.
24. Sources of income.
25. Covering employment.
26. Address provided on federal earnings tax return.
Generally, unless you have taken at least some of these steps, it is doubtful that you're State of legal residence/ domicile has changed. Failure to decree any doubts as to your State of legal residence/domicile may adversely impact on inescapable legal privileges which depend on legal residence/ domicile including among others, eligibility for resident tuition rates at State universities, eligibility to vote or be a candidate for group office, and eligibility for assorted welfare benefits. If you have any doubt with regard to your State of legal residence/domicile, you should see your Legal assistance attorney for legal advice before deciding to convert your domicile.
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