Domicile
A person's permanent legal home — the state where they intend to remain indefinitely. Domicile determines which state's courts have jurisdiction over the divorce.
Understanding Domicile
Domicile is distinct from residence; you can have multiple residences but only one domicile. Most states require that at least one spouse be domiciled in the state (and often a specific county) for a minimum period before filing for divorce — typically three to twelve months. Establishing domicile requires physical presence and intent to remain. Domicile determines which state's laws govern property division, support, and custody. In cases where spouses live in different states, the filing spouse's domicile usually controls jurisdiction.
Real-World Examples
The wife must establish domicile in Florida for six months before she can file for divorce there, even though the couple last lived together in New York.
State-by-State Variations
Residency requirements range from 6 weeks (Nevada) to 12 months (New York). Some states require county-level residency for filing.
Related Terms
A request to move a divorce case from one court or jurisdiction to another, typically because the current location is inconvenient or potentially biased.
ComplaintThe initial legal document filed to start a divorce case. Also called a petition for dissolution of marriage. It identifies the parties, grounds for divorce, and relief requested.
Due ProcessThe constitutional guarantee that all parties receive fair legal proceedings, including proper notice, the right to be heard, and an impartial judge.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.