I’m 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 go to a 3 month school in Florida along with PCS orders to Puerto Rico. Would this help me?
Answer: to acquire an address of choice in a new place, two things must happen:
(a) 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 proper mental intention, is all that is required.
Then your time in Florida will satisfy the presence requirement.
Unfortunately, demonstrating mental intent can sometimes be difficult. 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 mentioned below, with the understanding that those actions are not what make you a legal resident; rather, they are simply proof that you intended to convert the state into your SLR.
You do not have to live in the state for a period of time, own a home in the state, or have an address in the state to be domiciled there. You only need to be physically present in the state the moment 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 has not changed.
The domicile is primarily the 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 will remain your address, even if you leave it, unless your mood changes while you are elsewhere.
If your residency status changes, you may need to prove it. For example, you might have decided to stop paying state income taxes because you changed your address to a state without income taxes. Your old address, the state losing tax revenue, can challenge that change. Or your spouse, for example, could file for divorce at your previous address and may not like the divorce laws there. If you can prove that your home changed, you may be able to dismiss the case. In the case of taxes, if you cannot prove that your address changed, you could end up owing taxes to two or more states and require a court to decide the matter.
The best evidence of your mental state is the contacts that other people can see that you have with a specific state. For the types of actions that can help prove your domicile status, see the list below. You may not be able to successfully prove that your address has changed unless your program contacts you beyond the benefit of legal consequences that a change of address would give you. You must have all your contacts with the only state that 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 intention:
1. Expressed intention, oral or written and physical presence, past and present (including duration) [Prerequisite to establishing domicile].
2. Record of votes [Important Factor]
3. Vehicle registration as a non-resident military vice-resident [Important factor, but you have a choice.]
4. Motor Vehicle Operator’s Permit [Important Factor]
5. Location of bank and investment accounts.
6. Explanations of temporary changes of residence.
7. Presentation of the DD 2058 form (change of address form).
8. Payment of taxes: income and personal property [Important Factor]
9. Payment of tuition fees for non-residents to higher education institutions
10. Declarations of residence in legal documents such as wills, deeds, mortgages, leases, contracts, insurance policies, and hospital records. [Important factor]
11. Declarations of address in affidavits or litigation[Important Factor]
12. Residence of direct relatives.
13. Membership in ecclesiastical, civil, professional, service, or fraternal organizations.
14. Ownership of burial plots.
15. Burial place of immediate family members.
16. Location of charitable contributions donations.
17. Location of schools the children attend.
18. Ownership of real estate. [Important factor. However, ownership of property in another state will not disqualify.]
19. Registered home at the time of entering the service.
20. Place of marriage.
21. Spouse’s household.
22. Place of birth.
23. Business interests.
24. Sources of income.
25. Outside employment.
26. Address provided on federal income tax return.
Generally, 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 any concerns about your status of residence / legal address may adversely affect certain legal privileges that depend on residence / legal address, including, but not limited to, eligibility for resident tuition fees at state universities, eligibility to vote or be an office candidate and eligibility for various welfare benefits. If you have any questions regarding your status of residence / legal address, you should consult your Legal Aid attorney for legal advice before deciding to change your address.