Florida Divorce Residency Requirements
To file for divorce in Florida, at least one spouse must have lived in the state for six months before the case is filed. This is the basic residency requirement, and meeting it is one of the first things a court looks at. If neither spouse meets it, the court may not be able to hear the case yet.
What does Florida law require before you can file?
Florida law requires that one of the parties to the marriage reside in Florida for the six months before the petition for dissolution of marriage is filed. Only one spouse needs to meet this requirement, not both, and a court generally confirms it before the case can move forward.
The statute itself is short. Under Fla. Stat. § 61.021: “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.”
How do you prove Florida residency?
Residency is usually shown with records indicating that a spouse has made Florida their home, such as a Florida driver’s license, identification card, or voter registration. When records are not enough, testimony or an affidavit from someone who can confirm the residence may be used, and a court can ask for proof.
The specifics depend on the situation. If your documentation is thin, it is worth gathering what you have before filing rather than waiting for the court to raise the question.
What happens if you file before meeting the requirement?
Filing before the six-month requirement is met can lead to delay or dismissal of the case. If neither spouse meets the requirement, the court generally cannot hear the divorce yet, and refiling after the requirement is met costs additional time and money.
If you recently moved to Florida, or if you live here but your spouse does not, it is worth confirming that the requirement is met before starting a case.
Here is how the rule generally applies in common situations. These are general illustrations, not legal advice:
| Situation | Can you generally file? |
|---|---|
| You have lived in Florida for 8 months; your spouse lives in another state | Yes, you meet the requirement |
| Your spouse has lived in Florida for 2 years; you live in another state | Yes, your spouse meets it |
| Both of you moved to Florida 3 months ago | Not yet; the six months must pass first |
Talk With a Miami Divorce Lawyer
If you have questions about whether you can file for divorce in Florida, speak with a Miami divorce lawyer. We help clients across Miami-Dade and South Florida from our Brickell Avenue office.
Frequently Asked Questions
Can I file for divorce in Florida if my spouse lives in another state?
Generally yes, as long as you have resided in Florida for the six months before filing. Only one spouse needs to meet the residency requirement. Where the case is heard and how property or custody issues are handled may involve additional rules.
Do both spouses need to be Florida residents to divorce in Florida?
No. Florida law requires that only one of the parties reside in the state for the six months before the petition is filed.
When does the six-month residency period run?
The six months are counted back from the date the petition for dissolution of marriage is filed. The residence must generally exist for the six months immediately before that filing date.
What documents can show Florida residency for a divorce?
A Florida driver’s license, Florida identification card, or voter registration is commonly used. In some cases, testimony or an affidavit from a third party who can confirm the residence is used instead. A court can ask for additional proof.
This article is for general informational purposes only and does not constitute legal advice. Laws change frequently, and this article may not reflect the most current legal developments. For guidance specific to your situation, consult a qualified attorney. Contact Connect Attorneys PLLC at 1-833-77CONNECT for a free consultation. Fee arrangements for family law matters vary depending on the nature and complexity of your matter.