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Career-Related Relocations Did Not Result in Change of Domicile

In affirming Supreme Court’s finding that the plaintiff in a divorce action met the durational residency requirements of Domestic Relations Law section 230, in spite of several career-related relocations, the Third Department wrote:

Given the absence of any proof that plaintiff intended to abandon her existing New York domicile and adopt any of the temporary locations as her new  permanent  home,  neither the fact that the parties – of necessity or convenience – established homes  and  all of the accouterments of family and  community  life in each location where  defendant’s career took the family nor that they generally paid income  taxes as residents of the respective locations demonstrates a change of domicile. Black v Black, 516094, 3rd Dept 7-3-13

 

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