Domicile in Louisiana Family Law

One of the most curious and confusing terms in Louisiana family law is also the simplest - "domicile". You can not properly file anything in Louisiana without understanding the concept of domicile. As an example, a Petition for Divorce can only be filed in a parish where either party is domiciled, or in the parish of the last matrimonial domicile. So, what is domicile?

Domicile is not Residence Alone

The terms residence and domicile are not synonymous, and although a person can have several residences, that person can have only one domicile. See La.Civ.Code art. 38; Becker v. Dean, 03-2493 (La. 9/26/03), 854 So.2d 864.

Domicile Defined

La.Civ.Code art. 38 states as follows:

The domicile of each citizen is in the parish wherein he has his principal establishment.

The principal establishment is that in which he makes his habitual residence; if he resides alternately in several places, and nearly as much in one as in another, and has not declared his intention in the manner hereafter prescribed, any one of the said places where he resides may be considered as his principal establishment, at the option of the persons whose interests are thereby affected.

Domicile = Residence + Intent to Remain

In other words, domicile demands a sense of permanency or stability. Thus, "domicile" is the principal establishment where one habitually resides, with a corresponding intent to remain. Russell v. Goldsby, 00-2595 (La.9/22/00), 780So.2d 1048.