A person inducted into the military service retains his/her residence in the state in which s/he was inducted until he has abandoned it or established a new residence. However, the presumption is subject to rebuttal by proof that s/he had established a new residence elsewhere. The presumption is that one in military service retains his/her prior domicile as long as any reasonable doubt regarding the individual[i].
The domicile of a soldier or sailor in the military or naval service of his/her country generally remains unchanged, domicile being neither gained nor lost by being temporarily stationed in the line of duty at a particular place, even for a period of years. However, a new domicile may be acquired if both the fact and the intent concur. Assuming that a member of the army may change his/her domicile, and establish it at any place s/he sees fit, if not inconsistent with the military situation, his/her intention to change must be clear. Moreover, the intention must be associated with something fixed and established as indicating such a purpose[ii].
The factors used in determining whether a soldier stationed within a state has established a residence include whether s/he:
- established actual living quarters;
- brought any family;
- accumulated some degree of permanency, such as bank accounts, telephone listings, or charge accounts;
- retained a permanent abode elsewhere; or
- claimed a residence elsewhere[iii].
[i] Biri v. Biri, 192 So. 2d 862 (La.App. 4 Cir. 1966).
[ii] Kennedy v. Kennedy, 205 Ark. 650 (Ark. 1943).
[iii] Teague v. District Court of Third Judicial Dist., 4 Utah 2d 147 (Utah 1955).