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To file for divorce in Florida, at least one spouse must have lived in the state for at least six months before the divorce petition is filed. If neither spouse meets this requirement, the court generally cannot move forward with the case until the residency requirement is satisfied.
What Is Florida’s Residency Requirement for Divorce?
Florida law requires that at least one spouse has been a Florida resident for the six months immediately before filing for dissolution of marriage.
You do not have to meet the requirement together. If either you or your spouse has lived in Florida long enough, you may be able to file here, even if the other spouse lives in another state. If neither spouse has satisfied the six-month residency requirement, you will generally have to wait until one of you qualifies before filing.
How Do You Prove Florida Residency?
Meeting the residency requirement is only part of the process. Florida law requires evidence showing that at least one spouse has been a Florida resident for the six months immediately before filing. A spouse’s testimony alone is generally not enough.
Common forms of proof include:
- A Florida driver’s license issued at least six months before filing
- A Florida identification card issued at least six months before filing
- Florida voter registration records showing registration at least six months before filing
- Testimony from a witness who can confirm your Florida residency
If your driver’s license, state ID, or voter registration does not establish six months of residency, a corroborating witness may be able to provide the required proof.
Does My Spouse Also Have to Live in Florida?
No. Only one spouse must satisfy the residency requirement.
For example, if you have lived in Florida for several years but your spouse recently moved to another state, you may still be able to file for divorce in Florida. Likewise, if your spouse lives in Florida and you live elsewhere, your spouse may be able to file in Florida if the residency requirement is met.
The court’s authority to decide issues involving property, support, or children may depend on additional jurisdictional rules, particularly when one spouse or the children live outside Florida.
What If I Recently Moved to Florida?
If you moved to Florida less than six months ago, you will generally need to wait until the residency requirement has been satisfied before filing.
During that time, you can still begin preparing by:
- Gathering financial records
- Organizing information about assets and debts
- Considering parenting arrangements if children are involved
- Consulting a family law attorney about your options
Planning ahead can help your case move more efficiently once you become eligible to file.
How Does the Residency Requirement Apply to Military Families?
Military families often have unique residency questions because being stationed in Florida does not automatically establish residency. Whether the six-month requirement has been met depends on the specific facts and available evidence. Since military divorces can involve additional jurisdictional issues, it’s wise to discuss your circumstances before filing.
Does Waiting Six Months Delay the Entire Divorce Process?
Not necessarily. The six-month residency requirement determines when you can file, not how long the divorce itself will take.
After filing, the timeline depends on several factors, including:
- Whether the divorce is contested
- Child custody or time-sharing issues
- Property division
- Whether the spouses can reach a settlement
An uncontested divorce may be resolved relatively quickly, while contested cases often take considerably longer.
Can You File Before Six Months if Your Spouse Already Lives in Florida?
Yes, if your spouse has already been a Florida resident for at least six months, your spouse may satisfy the residency requirement even if you recently moved to the state.
Because the law only requires one spouse to qualify, the court may have jurisdiction based on your spouse’s residency. Every case is different, particularly when spouses live in different states or have recently relocated, so it is worth confirming that the filing requirements have been met before submitting a petition.
Ready to Take the Next Step?
If you’re considering divorce and are unsure whether you meet Florida’s residency requirement, getting answers early can help you avoid unnecessary delays. At Bernal-Mora & Nickolaou, we help clients determine when they can file, explain what documentation may be needed, and guide them through each stage of the divorce process. Contact us today to discuss your circumstances and the options available to you.
