We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Habitual Residence?

Mary McMahon
By
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Habitual residence is a concept in the law which is used to refer to the place in which a person is accustomed to living. It is related to domicile, except that the standards for determining habitual residence are somewhat looser in nature. Determinations of habitual residence can be important for cases in which there is some question about which court has jurisdiction over a situation or how a case should be resolved fairly and equitably.

Someone's habitual residence is the place that person is acclimated to. The person has connections such as school, work, banking, and social networks in that place. For a child, for example, it would be the home maintained by the child's parents, as this environment is familiar for the child and the child has an established presence there. Likewise, for an adult, this is the place where the adult has developed ties and connections to the community.

Someone can abandon a habitual residence by relocating, but the place the person relocates to does not automatically become a new habitual residence. Time is needed to make connections such as establishing a job, signing up at a school, opening accounts with utilities, and so forth. It may take as little as a month to settle in, or it may take longer. Domicile, by contrast, is focused on future intent as well as present connections.

In cases where there is a conflict of law, the question of habitual residence can become important. For example, if two people are married in one county and wish to divorce in another, when they file the divorce application, they would need to prove that they are filing in an appropriate location. If they are filing in a different county because they think it will be easier, their filing may be rejected, and they will be asked to file in the county of their habitual residence. The court can determine that it does not have jurisdiction in the case and is not the right venue to hear the divorce petition.

Another situation in which habitual residence can become an issue is in child custody disputes. A court may rule that a child should stay in her or his place of habitual residence rather than being uprooted to accompany a parent to a new location. This is done in the interests of providing the child with a more stable home life during a separation or divorce.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Read more
WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.