Written by attorneys · grounded in primary & secondary sources — see below
A state in which an individual maintains a permanent residence with the intention to remain indefinitely.
Sources & Authorities· 16 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Diversity Jurisdiction Timing
Sasha Stone files a contract suit in federal court against a citizen of State Y while domiciled in State X. Two weeks later she moves permanently to State Y. The court retains diversity jurisdiction because her state of domicile at filing controls.
Divorce Decree Validity
Sabrina Shah establishes a home in State A with intent to remain and obtains a divorce there from her spouse. State B later refuses full faith and credit because Sabrina lacked genuine domicile in State A at the time of the decree.
Stephen Shaw is served with process at his permanent home in State C. The state court exercises jurisdiction over him in a contract action because his state of domicile supplies the required contacts under traditional due process rules.
Pennoyer v. Neff95 U.S. 714, 732–33 (1878)
Intestacy Child Status
Serena Soto dies domiciled in State D. Her child born abroad seeks Social Security benefits. The agency applies State D intestacy law to determine whether the child qualifies as an heir under the decedent's state of domicile.
Astrue v. Capato ex rel. B.N.C.132 S. Ct. 2021 (2012)
Durational Residency Rule
Sophia Singh moves to State E and files for divorce after three months. The court dismisses because State E requires one year of domicile before granting a divorce decree entitled to extraterritorial effect.
Sosna v. Iowa419 U.S. 393 (1975)
Citizenship Transmission
Steven Silva, domiciled in State F, fathers a child abroad. The child's citizenship claim turns on whether the father satisfied the physical presence requirement under the law of his state of domicile at the time of birth.
Tuan Ahn Nguyen v. Immigration and Naturalization Service533 U.S. 53, 74 (2001)
Common questions
Frequently Asked
4
When must diversity of citizenship based on domicile exist for federal jurisdiction?+
Diversity must exist at the time the suit is filed. Later changes in a party's state of domicile do not destroy jurisdiction once it has attached.
Supporting sources
Why does domicile matter for the validity of a divorce decree?+
A state must have at least one party's genuine domicile to enter a divorce entitled to full faith and credit in other states.
Supporting sources
How does domicile affect personal jurisdiction under traditional rules?+
A defendant's domicile in the forum state supplies the contacts needed for the state court to exercise jurisdiction over the defendant.
Supporting sources
Which state's law determines heirship for an intestate decedent?+
The intestacy law of the decedent's state of domicile at death governs who qualifies as an heir.
Supporting sources
433 U.S. 186 (1977)Conflict of Laws
…of a foreign nation, because to some limited extent one's property and affairs then become subject to the laws of the nation of domicile of the corporation. As a matter of international law, that suggestion might be acceptable because a foreign investment is sufficiently unusual to make it appropriate to require the investor…