What is the Residency Requirement for Filing for Divorce in Florida?
Florida requires that one of the parties must have been a resident of Florida for at least 6 months prior to filing the divorce. A non-resident (resident of another state) party may file for divorce based on the other party’s residency (if one of you is a Florida resident). Residency means an actual presence in Florida combined with the intention of residing in Florida indefinitely. For that reason, maintaining a vacation home, a temporary home, or visiting for 6 months do not establish residency.
Proving Florida Residency
Residency must be proven; the most common way residency is proven is by a valid Florida driver’s license. Other ways to prove residency are by a Florida voter registration card or the testimony or affidavit of a corroborating third party.
If you do not meet the above criteria for residency, you may consider these options:
1. Establish Florida residency for the 6 month period previously mentioned (this step would not require you to wait in order to begin the process of gathering your financial documents and otherwise getting ready to file for divorce).
2. Have the spouse who is a resident of Florida start the filing procedure if she or he meets the residency requirement.
3. Choose another state in which you or your spouse may meet the residency requirements (state residency laws are unique to each state, be sure to check the state in which you were married or last lived together as a married couple as potential options). Our Duval County office can answer questions about Florida law and Florida requirements, but we do not offer divorce representation in other states.
4. Try counseling in an attempt to save the marriage and put your divorce plans on hold.
For questions leading up to or filing for divorce, call the office of Wendy Norman at 904.306.9926 or click here schedule a consultation today.
If one of us lives in Puerto Rico, what happens?
Thank you for contacting Norman Law. So long as one of the parties has been a resident of Florida for at least six months, the divorce may be filed in Florida. That being said, if the party living in Puerto Rico does not have ties to Florida other than the other party being a resident, the Florida court may not be able to rule on any financial matters and potentially matters related to children. Please contact our office at (904) 306-9926 if you would like to schedule your free consultation.