What are the residency requirements for filing for divorce in Florida?
Key Takeaways
- In Florida, one of the spouses (either the filing spouse or the responding spouse) must be a resident for at least 6 months before filing for divorce.
- Having a Florida driver's license, tax address, voter registration, or spending at least 183 days in Florida can be used as proof of residency or an affidavit of someone you know who can attest that you've lived in Florida for at least 6 months if you have not updated your records yet.
- If minor children are involved and alimony or spousal support is sought, the divorce must be filed where the children reside.
If you’re pursuing a divorce in Florida, there are a number of things you’ll want to consider before you do. Beyond the basics, like taking into account how long the case might take, and how much your divorce might cost, it’s worth making sure, first and foremost, that you meet the basic residency requirements for pursuing a divorce in the state of Florida.
If you are attempting to get a divorce in Florida, the residency requirements are fairly simple. While some states have complicated residency requirements or a number of conditions you need to fulfill, the residency requirements in Florida are simply that one of the parties getting divorced (either the plaintiff, which is the person that initiated the divorce case, or the respondent, the person who is responding to the plaintiff’s petition for divorce), or their children, needs to have been a resident in Florida for 6 months before filing for a divorce with the court.
Simply moving to Florida is not enough to qualify as a resident, though. You must meet one or more of the following criteria to qualify as a Florida resident:
- Tax address, meaning there’s a Florida address on your tax return.
- Vehicle registration or driver’s license from the state of Florida.
- Voter registration in Florida.
- Physical presence in Florida (typically, this means you spend at least 183 days of the year in the state).
- If you have not updated your documents timely, you can use an Affidavit from someone who can attest under oath that knows you and will verify you’ve lived in Florida for at least 6 months.
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It’s worth noting that if your divorce involves children, and are pursuing alimony or spousal support, you must file for divorce in the place where your children live.
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