Forum Discussion
jrp
Jul 23, 2015Explorer
" I understand all of this thank you, what I am looking for is IF anyone has had the affidavit of Non Residency challenged or questioned at a SD DMV. "
No, in the several years its existed, I've not heard of one challenge. Keep in mind the real purpose of that affidavit is to protect SD. Its simply part of their process to allow an exception to providing property tax receipts, rent receipts, utility bills and similar documentation showing your SD physical street address (as required by the Real ID law). SD DMV would have no reason to question it, they just need your signature on the form so they can say they're complying with the Real Id law.
Any challenge would come from some other state where you may have established residency while claiming SD domicile. SD would not initiate the challenge, just react to some other state claiming you're really domiciled in their state, not SD.
The fuzzy part of domicile is that its based on "intent". You're saying that I currently have no real home, I'm on the road travelling fulltime, but some day I intend to return to SD. There is nothing wrong with changing your intent at some later date.
Of course if you sign that affidavit, knowing the statements are false and you actually have a residence in another state, then you're subject to court assigned penalties for perjury.
No, in the several years its existed, I've not heard of one challenge. Keep in mind the real purpose of that affidavit is to protect SD. Its simply part of their process to allow an exception to providing property tax receipts, rent receipts, utility bills and similar documentation showing your SD physical street address (as required by the Real ID law). SD DMV would have no reason to question it, they just need your signature on the form so they can say they're complying with the Real Id law.
Any challenge would come from some other state where you may have established residency while claiming SD domicile. SD would not initiate the challenge, just react to some other state claiming you're really domiciled in their state, not SD.
The fuzzy part of domicile is that its based on "intent". You're saying that I currently have no real home, I'm on the road travelling fulltime, but some day I intend to return to SD. There is nothing wrong with changing your intent at some later date.
Of course if you sign that affidavit, knowing the statements are false and you actually have a residence in another state, then you're subject to court assigned penalties for perjury.
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