Divorce Dex.com: Habitual Residence

Definition Habitual Residence - the place where a person resides "as of habit"; that is, permanently, for the purposes of the law.

As used in the Hague Convention, refers to the place a child last lived when it deals with a case of child abduction, not how long and with whom.

The term is used in Hague Convention, where it refers to the jurisdiction where the child last lived before being illegally removed. In this case, it does not define duration and with whom.

See also Home State in UCCJEA and PKPA.

Application in Divorce The jurisdiction of habitual residence is the most likely jurisdiction of a divorce.

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Divorce Residency Requirements
Most states require a person to live in a state for a period of time. The residency requirements vary from three months to one year. For divorce purposes, a few states have no specific residency requirements.

Contributed on 7/5/2007 by: DivorceDex.com Staff
Category: Filing Procedure (Applicable in All States)

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