What Is The Residency Requirement For Divorce In Florida?
Divorce is stressful, but there are things you can do to make it easier on yourself. Understanding the laws that surround the process can ensure no mistakes are made that will make the process even harder. One of the laws regarding divorce is the residency requirement. The residency requirement seems fairly straightforward, but there are times when it becomes a complicated issue. In these instances, a judge may dismiss a divorce case before it has even really gotten started. Below, our Tampa divorce attorney explains how you can prevent this from happening in your case.
Understanding Florida’s Residency Requirement
In order for someone to file for divorce in Florida, he or she must have lived in the Sunshine State for at least six months. Residency means that you or your spouse were physically present in the state, and that you intended to make it your permanent residence. When these requirements are met, you can still travel out of the state and still meet the residency requirement. Many people have vacation homes in Florida and spend several months of the year here at a time. Vacationing in Florida, even if one owns a timeshare or other property, does not count as residency.
You may also have to prove residency when going through a divorce. You can do this by showing:
- A valid Florida identification card
- A Florida driver’s license
- A Florida voter’s registration card
- Testimony or an affidavit from a third party
- You have obtained permanent employment in the state
- You have a Florida address that you use for official and personal purposes
What to Do if You Do Not Meet the Residency Requirement
If you do not meet the residency requirement, the court does not have jurisdiction over your case and so you cannot proceed with the divorce. However, that does not mean that you do not have options. If you recently moved to Florida from another state and you meet the residency requirements of that state, you and your spouse can proceed to get a divorce in your former state. If your spouse meets the residency requirements under Florida law, you can file the petition. Only one party, not both, must meet the residency requirement.
You can also remain in Florida and start preparing for your divorce until you meet the residency requirement. Divorce requires a lot of preparation. You will have to gather many financial documents and other paperwork, and that can take time. Organizing the paperwork now can make the process much easier once you have met the residency requirement and can continue on with your Florida divorce. Also, you can complete all of the paperwork necessary to file your case, so you can file immediately when you do meet the residency requirement.
Call Our Tampa Divorce Attorneys Now
Residency in a Florida divorce seems fairly straightforward; however, that is not always the case. At All Family Law Group, P.A., our Tampa divorce attorney can review the facts of your case, advise on whether this requirement is met, and help you through every step of the process. Call us today at 813-672-1900 or fill out our online form to schedule a free consultation and to learn more. Se habla Español.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.021.html
