What are Florida’s Residency Requirements for Divorce?
Divorce, which is officially called a dissolution of marriage, can be a very stressful process, and if you do not understand the law, it will only increase the amount of stress you feel. There are many laws that govern the divorce process in Florida and one of the most basic of these is the residency requirement.
Florida is one of the most popular states for tourists in the entire country and sometimes people come here to spend many weeks and sometimes even many months. While here, some people may want to get married and in the future, they may decide to divorce.
If you get married in Florida, but your legal residence is in another state, you cannot obtain a divorce in Florida until you become a resident. So essentially getting married in Florida is irrelevant in your ability to get a divorce in Florida.
This is just one reason why it is so critical for everyone in the Sunshine State to understand the residency requirement for people who want to divorce.
What is the Residency Requirement for Divorce in Florida?
Florida state law dictates that in order for any couple to get a divorce in Florida, one of the spouses must have been a resident in the state for at least six consecutive months. When a divorcing couple cannot meet this requirement, the courts in Florida do not have jurisdiction over the marriage and an action for divorce cannot be filed.
A person is considered a resident of the state when they have been physically present in the state for a minimum of six consecutive months. However, traveling outside of Florida during the six month period will not prevent one from fulfilling the residency requirement.
How to Prove Florida Residency
Just as with all other legal issues, simply stating that you or your spouse have been a resident for at least six months is not enough when getting a divorce. You must also prove the fact. There are many ways to do this and some of the most common are as follows:
- A Florida voter’s registration card
- A valid Florida’s driver’s license
- An affidavit or testimony from a third party, who is not involved in the divorce case
- A valid Florida ID card
What if You Do Not Meet the Residency Requirement?
Even if you do not meet the residency requirement yet, it does not mean you cannot get a divorce. If you are going to be considered a legal resident in the future, you can simply wait out the residency requirement. If you have not reached the six month residency requirement, although you expect to do so, you can begin the process beforehand, so that you are ready to file the paperwork as soon as the six month residency requirement is fulfilled.
If you do not intend on establishing residency in Florida, if your spouse meets the requirements in Florida, you can file for divorce here. If there are children involved, you should file in the state where the children are primarily residing.
Our Divorce Attorneys in Tampa Can Inform You of the Laws
At All Family Law Group, P.A., our Tampa divorce attorneys are very knowledgeable in the laws regarding the divorce process and we will make sure you are aware of them as well. Call us now at 813-672-1900 or contact us online to schedule a free consultation with an experienced divorce attorney to answer your questions and to get the legal help you need. Se habla Español.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html
flsenate.gov/Laws/Statutes/2018/61.021
