How Does Deploying For Active Duty Or Be Ordered To Relocate Affect My Domicile (Legal Residence)?

The SCRA continues the protection the SSCRA granted for domicile and residence.  A member can maintain the domicile or legal residence in the state the member resided before entering active duty.  A member does not lose the domicile (legal residence) in a state when absence from that state is due to military orders.  Members, however, can change his or her domicile if the member meets the conditions for changing legal residence.  Legal residence (domicile) should not be confused with residence.  A person can have as many residences as they can afford, but can have only one legal residence (domicile).  The domicile is considered to be the state entered in the member’s pay records.  The domicile is a state where the member resided at some point in time and while residing there formed the intent to return to this state after his or her military service ends and remain there indefinitely.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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