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.

The Six-Month Rule

Florida law requires that at least one of the spouses have resided in the state for six months before filing for dissolution of marriage. Only one spouse needs to meet the requirement, not both. (Source: Fla. Stat. § 61.021.)

Proving Residency

Residency is usually shown with evidence that a spouse has made Florida their home, such as a Florida driver’s license, voter registration, or other records. In some cases, testimony from a third party who can confirm the spouse’s residence is used. The specifics depend on the situation, and a court can ask for proof.

Why Residency Matters Before You File

Filing before the residency requirement is met can lead to delays or dismissal, which costs 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.

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.