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Domicile Questions

Domicile is a person's legal residence. A person can maintain a domicile after they have left by maintaining connections that would appear that the person has no intention of leaving. A domicile plays a huge role on many aspects of a person's life when dealing with court proceedings. A domicile will determine where a person's estate can be probated upon death, what state a person can file for divorce, where a person can claim taxes, as well as how courts can have jurisdiction between two parties involved in a lawsuit. Below are just a few of the more commonly asked questions that have been answered by Experts.

If someone has filed for a change in domicile recently and wants to move to Ohio, but Child Protective Services (CPS) has found evidence of child abuse in the home, what should be said to the judge to prove a stable home environment?

Generally, a judge looks at the situation and how it will affect the child. The best interest of the child is first and foremost with the court. The judge will usually take into consideration the bond between your child and yourself, how the move will affect the child, if the child's mother will follow the court orders, and how visitation between your child and yourself will be handled. While the court will probably ask the child how she feels about the move, there is no guarantee that the court will abide by her wishes. You can bring up the abuse issue to the courts attention, regardless of how minor the abuse was. You should center your reasons on the best interest of the child when raising your objections to the move.

My daughter just lost a domicile resident restriction case in her divorce. They went to a mediator/arbitrator for the final decision. Unfortunately she signed a document saying that there would be no appeals. Is there anything she can do?

If your daughter signed an agreement that stated there would be no attempt at an appeal, the court will stand behind the agreement. Even if the judge wanted to help your daughter, the agreement is a legal binding document and the court has to uphold it. However, if your daughter signed the agreement under duress, under fraudulent circumstances or while she was mentally unstable, there may be a loophole that would help her. However, it appears that your daughter willingly signed the agreement so none of these issues would apply to her situation.

The best interest of the child is always considered in this type of situation and obviously, the arbitrator determined that the child should remain where he/she was. The best interest of the parent is usually considered after the welfare of the child is considered.

In a change of domicile request, what if the mother requesting the change is doing so because she is going to marry a man in the new location? Does the mother present a stronger case if her basis for moving is to gain employment and then is it best to marry after the change is granted?

If you are going to request the change of domicile based on a job opportunity, you should have a job lined up before you go to court. By expressing to the court that you wish to make the move for employment to better your children's lives, you will strengthen your case. By telling the court of your upcoming marriage, you will further show the court that you are trying to stabilize your life. However, if your future husband is established in his job, you may not need more than that so long as you agree to give the father visitation. By offering extra time with the children such as extended visits through the summer and extra holiday visits, you will show the court that you are willing to provide the father with ample visitation with the children.

You may want to discuss your situation with a local family law attorney. A local attorney can lend insight on how the judge will handle the case and what would be the best approach when requesting a change of domicile.

There are many questions regarding domiciles and when you have questions that involve legal proceedings, you should ask an Expert for assistance. Many people are unaware of the importance of a domicile when entering legal proceedings and can benefit from consulting with an Expert.

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Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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Recent Domicile Questions

  • Hello. I am currently married but have filed for divorce in

    Hello. I am currently married but have filed for divorce in the state of Texas. Below is a decree which per the Texas attorney who is handling the case will have the divorce be final March 5, 2015.
    Now, I have a fiance in the country of Philippines. I wish to complete USCIS I-129F so that my fiance can come to the USA for us to be married AFTER March 5. The question is should I not send the USCIS I-129F to the proper offices until after March 5, or can I send it earlier? The fiance would have interview[s] in the Philippines but would have the decree as evidence of impeding divorce.
    Thank you.
    ***** *****
    NO. DF-14-15349
    IN THE MATTER OF § IN THE DISTRICT COURT
    THE MARRIAGE OF §
    §
    ***** ***** § 255TH JUDICIAL DISTRICT
    AND §
    LORI ***** ***** § DALLAS COUNTY, TEXAS
    FINAL DECREE OF DIVORCE
    On the date below the Court heard this case.
    Appearances
    Petitioner, ***** *****, appeared in person and through attorney of record, Chris Schmiedeke, and announced ready for trial.
    Respondent, Lori ***** *****, although duly and properly cited, did not appear and wholly made default.
    Record
    The record of testimony was duly reported by the court reporter for the 256th Judicial District Court.
    Jurisdiction and Domicile
    The Court finds that the pleadings of Respondent are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed.
    The Court further finds that, at the time this suit was filed, Petitioner was domiciled in another state or nation and Respondent had been a domiciliary of Texas for the preceding six-month period and was a resident of this county in which the suit was filed. All persons entitled to citation were properly cited.
    Jury
    A jury was waived, and questions of fact and of law were submitted to the Court.
    Divorce
    IT IS ORDERED AND DECREED that ***** *****, Petitioner, and Lori ***** *****, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability.
    Child of the Marriage
    The Court finds that there is no child of the marriage of Petitioner and Respondent and that none is expected.
    Division of Marital Estate
    The Court finds that no community property other than personal effects has been accumulated by the parties.
    IT IS ORDERED AND DECREED that the personal effects of the parties are awarded to the party having possession.
    Division of Debt
    Debts to Husband
    IT IS ORDERED AND DECREED that the husband, ***** *****, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge, these items:
    H-1. All debts, charges, liabilities, and other obligations incurred solely by the husband from and after March 9, 2012 unless express provision is made in this decree to the contrary.
    Debts to Wife
    IT IS ORDERED AND DECREED that the wife, Lori ***** *****, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items:
    W-1. All debts, charges, liabilities, and other obligations incurred solely by the wife from and after March 9, 2012 unless express provision is made in this decree to the contrary.
    Clarifying Orders
    Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.
    Relief Not Granted
    IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied. This is a final judgment, for which let execution and all writs and processes necessary to enforce this judgment issue. This judgment finally disposes of all claims and all parties and is appealable.
    Date of Judgment
    SIGNED on .
    JUDGE PRESIDING
    APPROVED AS TO FORM ONLY:
    Chris Schmiedeke
    Law Office of Chris Schmiedeke, PC
    9330 LBJ Freeway, Suite 900
    Dallas, Texas 75243
    ***-***-**** T
    ***-***-**** F
    By:
    Chris Schmiedeke
    Attorney for Petitioner
    State Bar No. 00786232
    *****@******.***
  • I heard that if one attended and graduated high school in a

    I heard that if one attended and graduated high school in a state they can use their diploma record and pay residential tuition at that state's public University even if they had move out of state and became residents/domiciled in another state for a few
    years. In other words they do not need to go through the declare change of residency process as with other out of staters I wonder is this true? I heard from some people I know who attended and graduated high school in CA but moved and become domiciled in
    other states for a decade got residential tuition immediately just by showing their high school diplomas even though they were applying from out of state. Is this standard procedure or a non standard procedure?
  • I was given 'official Federal Office of Justice is zefix.ch

    I was given 'official Federal Office of Justice is zefix.ch and check for a company name in caps'.
    Also EE&C Trading AG Entry:03.09.2004.
    Legal domicile of the cpmpany: Lachen (SZ)
    Legal form: Joint stock comp.
    Trade register number: CH-130.3.009.933-0
    Commercial Registry Office:Canton of Schwyz
    http://www.moneyhouse.ch?en/u/eec_trading_ag_CH-130.3.009.933-0.htm
    Purpose:
    Operate and mediation of commercial transactions in goods of all kinds as well as mediation and settlement of related
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