回复：domicile是永久居留的意思吗？

Think domicle this way: when you form an intent to permenantly become a resident of a state and physically move there.

For example, a Chinese student going to school in California can argue that she is not domiciled in California but China, since she wants to go back to China after school and has not formed an intent to permanently live in California.

However, this argument will not happen in the divorce action. A California court will be happy to dismiss the case. Within six months you can get a divorce in China and remarry in California. Most likely a marriage cerficate will be issued. The problem is that if later it is determined the Chinese divorce is invalid in California, then your later marriage will be nullified. This can happen many years down the road. For example, in one scenario, after death, somebody could argue that your marriage should be nullified and within this six months what you earned should be community property and your ex will be entited to half. Then you will have a dispute between your ex and the putative spouse. To determine your domicile at the time of divorce, thus whether your divorce was valid and your later marriage should be nullified, there is no way to prove you intent, but you had California bank account, California driver's license, filed California return, etc. In such a situation, a California court will more likely to find you were domiciled in California at the time of your divorce and nullify your later marriage.

That is why I said this dispute will come much later in life. You essentially risk everything you establish in life.

 

所有跟帖： 

• 听起来还有重婚的危险？ -亚利桑那阳光- ♀ (185 bytes) () 03/28/2012 postreply 10:04:24

• 回复：听起来还有重婚的危险？ -apt- ♂ (455 bytes) () 03/28/2012 postreply 10:24:18