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What Are The Residency Requirements For A Florida Divorce?


If you are considering a divorce in the State of Florida, you may wonder if there are any residency requirements you should be aware of. While it is understandable that you probably want to initiate the divorce process as soon as possible, you will have to ensure that you are in compliance with Florida’s residency requirements when seeking a divorce.

Speak with an Orlando divorce attorney to find out about the residency requirements in Florida and ensure that you can obtain a divorce in a timely manner.

Divorce Residency Requirements in Florida

Fla. Stat. § 61.021 states at least one spouse must be a resident of Florida for no less than six months prior to filing a Petition for Dissolution of Marriage. This is known as the residency requirement in Florida.

If you or your spouse does not meet the requirement, you cannot file for divorce because Florida courts do not have jurisdiction over your divorce case. If you meet the residency requirement, you must file a petition for divorce in the county where you reside.

Divorce Laws Vary Between States

If you cannot file for divorce in Florida because you do not meet the state’s residency requirements, you may be able to file a petition for divorce in another state. If that is the case, you need to understand that divorce laws vary from one state to another.

For this reason, if you have not lived in Florida for the past six months, contact a skilled attorney to determine if you should file for divorce in Florida or another state.

What is Considered Residency?

In Florida, a spouse can establish residency by proving the following two things:

  1. You were physically present in Orlando or another city in Florida for the past six months; and
  2. You had the intention to make the State of Florida your primary residence.

Contrary to popular belief, you may travel to other states during the six-month period to meet the residency requirements in Florida. You may not be able to file for divorce in Florida if you simply vacationed in Florida and never intended to make the state your primary residence.

A skilled attorney can help you collect the following pieces of evidence to prove your residency in Florida and intention to make the state your primary residence:

  • Proof of permanent employment in the state;
  • A signed lease in Florida;
  • A document showing that you purchased a home in the state;
  • Your testimony indicating your intention to make Florida your home; and
  • A driver’s license or vehicle registration obtained in Florida.

These and other types of evidence can be used to establish residency in Florida. The types of evidence that can be used to prove your intention to make Florida your primary residence depend on your case’s circumstances.

Consult with an Orlando Divorce Attorney

If you want to get a divorce in Florida, it is vital to consult with a knowledgeable attorney to help you prove that you meet the residency requirements. At Donna Hung Law Group, our divorce lawyers are committed to helping you navigate the divorce process and protecting your rights. Call 407-999-0099 to receive a consultation.