Florida Divorce Residency Requirements

by Walter from Lee County, Florida

I got married in New York and I am living in Florida. Is it possible to get my divorce from Florida?

What should I do?

Answer to Florida Divorce Question

Dear Walter,

If you have been living here for at least six months then you fulfilled the residency requirement for filing for a divorce in Florida.

It does not matter where you originally married. Forms for pro se litigants are available on the Florida Supreme Court's website at www.flcourts.org. You have several processes to choose from.

• Petition for Simplified Dissolution of Marriage;

• Petition for Dissolution of Marriage with No Minor Child(ren) and No Property;

• Petition for Dissolution for Marriage with Minor Child(ren) No Property;

• Petition for Dissolution for Marriage with Property No Minor Child(ren).

If you and your wife do not have any children together and do not have any property or debt to divide, you may use either the Petition for Simplified Dissolution of Marriage or Petition for Dissolution of Marriage with No Minor Child(ren) and No Property.

The primary difference between the two processes is that both you and your ex must attend the Final Hearing if you use the Simplified Dissolution of Marriage process.

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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Comments for
Florida Divorce Residency Requirements

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Petitioner is Out of State
by: Jade from Hinesville, Georgia

I live out of state is gonna have 6 months on my final hearing day, and I lived in Florida for 1 year and 2 months before that. I'm the petitioner of my divorce in Florida. I heard that the judge is not gonna accept my file because I have to live in Florida, is that true?

--The residency requirement for a dissolution of marriage in Florida is very clear... You or your spouse must be a resident of Florida at the time of filing and either you or your spouse must have been a resident of Florida for at least six months prior to filing. The following is the residency requirement statute for Florida Divorce...

§ 61.021 - Residence requirements. --To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.

So, as long as you as the Petitioner or your husband as the Respondent met this requirement, your divorce should be able to proceed even if you left the state. --Staff

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