Filing for Divorce in Florida

by Nicole from Mulberry, Florida, Polk County

My husband and I live in Florida. We were married in Illinois. Where do we have to divorce?

I do not know where we need to file for a divorce.

Answer to Florida Divorce Question

Dear Nicole,

To satisfy Florida's residency requirement to file a Petition for Dissolution of Marriage, one or both of you must have lived in Florida for at least six months immediately preceding the filing of that petition.

The simplest way to prove your residency is by providing the clerk of the court with a copy of a driver's license issued at least six months prior to your filing.

There are some choices of divorce processes to choose from depending on your circumstances.

If you are both willing and able to attend the Final Hearing; have no children; have no property or debt to be divided; and both sign the Petition and Marital Settlement Agreement you may file a Simplified Dissolution of Marriage.

If one of you will be unable to attend the Final Hearing; have no children; have no property or debt to be divided; you may file a Petition for Dissolution of Marriage with No Minor Child(ren) and No Property.

If you have children of the marriage; or have property that you have not yet divided; own real estate; or have joint debt that is not divided; there are other forms that suit your circumstances.

Have a look at our web-powered instructions page for Florida Divorce. For more information, visit the Florida Supreme Court's website at

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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