Divorce is never an easy decision, but if you’re considering ending your marriage in Florida, you will want to understand residency requirements before you file. Here, we take a look at Florida’s requirements to ensure you have met them before you file your petition.
Every state has its own laws and rules governing divorce, and failing to meet them can delay your case. If you are pursuing a divorce in Tampa, Florida, the experienced family law attorneys at Melone Hatley, P.C. are here to protect your interests throughout the entire process. Whether you are facing a divorce or other family law matter, we are committed to representing your case with empathy and understanding.
Florida’s Residency Requirement for Filing for Divorce
Under Florida Statute § 61.021, if you are filing for divorce in Florida, at least one spouse must have been a resident of the state for at least six months before filing a petition for dissolution of marriage with the court. Even if you were married in Florida, you or your spouse must still meet the six-month residency rule before you can file for divorce. If neither spouse meets this requirement, the state of Florida will have no legal jurisdiction over your case.
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Where Do You Prove Your Residency?
You will need to prove residency in the Florida court where you file for your divorce. Divorces are filed in the circuit court in the county where either spouse resides. When you submit your divorce petition, you must provide documentation or testimony confirming your residency to the Clerk of the Circuit Court. You can find your local circuit court’s location here.
What Documentation Can You Use to Prove Residency?
The best proof of residency for purposes of filing for divorce will be a Florida driver’s license, other state-issued ID, or Florida voter registration card that was issued at least six months before filing that shows your Florida address.
If you don’t have these documents, the court may accept other alternative forms of proof, including:
- A signed written affidavit by a friend, family member, coworker, or landlord stating that you have lived in Florida for at least six months
- Lease agreements, utility bills, mortgage documents, or property tax records confirming a six-month residence in Florida
- Pay stubs, employment records, or school enrollment documents reflecting your address
- Military orders for active-duty service members stationed in Florida
- Bank statements or credit card statements with your Florida mailing address
- Medical or insurance records showing your Florida address
- Official mail (such as Social Security statements, letters from the IRS, or other government correspondence) addressed to your Florida address over six months old
Remember that each county may have slightly different requirements, so it’s best to check with the court in your county before filing.
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What Happens if You Can’t Prove Residency?
If you can’t prove that you or your spouse have lived in Florida for at least six months, your divorce case cannot go forward and may be dismissed. A Florida court will not have legal jurisdiction to grant you a divorce until this requirement is met. You will have to wait until you can meet the residency requirement before refiling.
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What Happens if You Recently Moved to Florida?
If you recently moved to Florida and don’t meet the six-month requirement, you may have to wait until you have lived in the state for six months before you file.
Are There Other Options?
If you are looking to divorce quickly and neither you nor your spouse meets the residency requirement, you may want to consider filing for divorce in another state where you can fulfill its residency requirements.
What if Your Residency is Not Clear?
Your residency may be unclear if there is conflicting or ambiguous evidence of your or your spouse’s residency. This may happen if you have recently returned from living in another state, you spend a portion of your time outside Florida (e.g., “snowbirds”), or you travel extensively. If your residency is unclear, an experienced Florida divorce attorney may be able to help you gather the necessary documents to prove residency or determine whether another legal option is available to you.
What if You Are Trying to Escape a Domestic Violence Situation?
In emergency situations such as domestic violence, Florida provides legal protection and alternative ways to prove residency when traditional documentation is lacking.
If you have relocated to Florida due to domestic violence and have been here six months but do not have recognized residency documentation, you can provide:
- Alternative evidence of residency, such as sworn affidavits from a domestic violence shelter or counselor — shelters often assist survivors with legal documentation for residency and protective orders.
- A Florida-issued injunction for protection against domestic violence (restraining order), demonstrating you have been in Florida for over six months
- Police reports documenting abuse
- An official letter from an organization if you have been living in transitional housing
- A letter from a landlord if you have secured housing through an emergency program
- Medical or counseling records
- Employment or school records
- Mail from government agencies, legal aid, or a domestic violence organization addressed to a mailing address or P.O. box.
- Notarized affidavits from social workers, trusted domestic abuse advocates, or clergy members
If you have not been in Florida for six months, you still have legal options. These include:
- Filing for a protective order, protecting you and establishing legal ties to Florida while you wait to meet residency requirements
- Filing for emergency custody orders if you need to protect your children — the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) allows courts to take emergency action in domestic violence cases.
- Filing for divorce in another state while you wait — some states allow abuse victims to file for divorce in the state where they fled from under certain circumstances.
- Immigrant survivors of domestic abuse also have other protections, such as a Violence Against Women Act (VAWA) petition, a U-Visa, or a T-Visa for human trafficking survivors.
Many domestic abuse survivors are concerned that filing for divorce could reveal their location to their abuser. Florida courts offer confidentiality protections and legal aid resources to help survivors file for divorce safely.
What if You Temporarily Left the State During the Six-Month Residency Period?
To meet residency requirements, you must be physically present in Florida for at least six months. However, brief absences for vacations or business trips won’t automatically reset the clock on your residency status.
If you have a Florida driver’s license, voter registration care, or home in Florida, you can argue that Florida remains your primary residence despite any short-term travel. However, if you were living in another state for a more extended period, the court could question your residency and require additional proof that Florida is your permanent home.
What if Your Spouse Left the State?
If your spouse has moved out of the state but you meet the residency requirement, you can still file for divorce in Florida. However, your spouse must be properly served with divorce papers, which will require personal service in their new state, service by mail, or service by publication if you don’t know where they are.
What if Your Spouse Filed for Divorce in Another State?
If both you and your spouse meet residency requirements in different states, either can file for divorce in their respective state. However, jurisdictional rules and legal principles of comity will come into play.
Florida courts apply the doctrine of “first-in-time” jurisdiction, meaning the court where the divorce was filed first will proceed with the case, while the other court dismisses or stays its proceedings. However, factors such as residency, child custody laws, and property location can influence this.
If your spouse’s divorce was finalized in another state, the legal principle of comity comes into play, and Florida courts must honor it, provided the other court had proper jurisdiction. However, if children are involved and the children’s primary residence is in Florida, Florida courts may still have jurisdiction over your custody case.
Can You File for Divorce in Florida if You are a Non-U.S. Citizen?
Your immigration status (green card holder, visa holder, undocumented) does not affect your ability to divorce in Florida, provided you meet the residency requirement. If your spouse lives in another country, you may still be able to file in Florida if you meet residency rules.
However, keep in mind that divorce can impact your immigration status, depending on your type of residency, the stage of the immigration process, and the basis of your status.
- Conditional permanent residents
If you obtained a green card through your marriage and the marriage ends before your two-year conditional period expires, your immigration status could be at risk. Typically, both spouses must jointly file a Petition to Remove Conditions on Residence (Form –751) within 90 days before the card’s expiration. In the event of a divorce, you can apply for a waiver of the joint filing requirement by demonstrating the marriage was entered into in good faith. This will require evidence such as joint financial records, shared leases, or affidavits from others who can support your case. - Permanent residents
A divorce will generally not affect your legal status if you have already transitioned from a conditional to a permanent resident. However, it can influence your timeline for naturalization. Permanent residents married to U.S. citizens are eligible to apply for citizenship after three years. After divorce, this period extends to five years. - Dependent visa holders
If you are on a dependent visa linked to a spouse’s employment-based visa, you may lose your legal status upon divorce. It will be critical to explore alternative immigration options to maintain your lawful presence in the United States. - Victims of abuse
If your marriage involved abuse, the Violence Against Women Act (VAWA) can provide provisions for you to self-petition for legal status without your abuser’s cooperation. - Affidavit of Support Obligations
If you are a U.S. citizen or a permanent resident spouse, it is important to understand Form I-864, Affidavit of Support, which is a contract you may have signed agreeing to financially support an immigrant spouse. This responsibility persists even after divorce until the immigrant becomes a U.S. citizen, has worked 40 quarters, or departs the United States permanently. - Asylum seekers
If you have a pending asylum application not based on marriage, your divorce should not affect your asylum claim. However, if your application is derivative (based on your spouse’s asylum application), a divorce may remove your eligibility for asylum.
What if You are a Military Service Member or a Military Spouse?
There are special residency considerations if you or your spouse are military service members.
Military service members can establish residency under the same requirements as civilians. However, they also can establish residency if
- They are stationed in Florida but still maintain legal residency in another state, provided they can prove physical presence for six months.
- They are deployed elsewhere but still maintain Florida as their legal home of record.
- They recently moved to Florida due to Permanent Change of Station (PCS) orders and have resided in Florida for six months.
Military spouses may file for divorce in Florida if they have personally lived in the state for six months. They may also establish residency based on their service member’s stationing in Florida.
How Can You Prove Florida Residency if You’ve Been Living with Friends or Family?
If you do not own or rent in Florida but have been staying with family or friends, proving residency may get trickier.
The court may want to see alternative supporting documents to establish residency, such as an official state ID, a notarized affidavit from the person you are living with indicating you have been there for six months, or mail such as bank statements or government correspondence mailed to you at this address.
Can You File for Divorce in Florida if You Own Property There but Live Elsewhere?
Owning property in Florida does not automatically establish state residency for divorce purposes. You must physically reside in Florida for at least six months before filing. If you own a home but primarily live in another state, you will likely need to file for divorce in the state where you primarily reside.
How Long After Leaving Florida Are You No Longer Considered a Resident for Divorce Purposes?
There is no exact timeframe for when you will automatically be considered a non-resident after leaving Florida. For divorce purposes, the court will look at your intent and actions.
You may still be considered a Florida resident if you
- Have a Florida driver’s license that has not been updated to another state
- Have a Florida voter registration and have not registered elsewhere
- Have not changed legal residence on tax forms
- Maintain a home or lease in Florida with a physical address
- Have utility bills or mail continuing to come to a Florida address
- Have not declared residency in another state
- Have affidavits from witnesses (family, landlord, employer) stating you are intending to keep your Florida residency
You may lose residency if
- You have registered to vote in another state
- You have obtained a driver’s license or state ID in another state
- Changed your state for tax purposes
- No longer have a Florida address and have bought or rented a home elsewhere
- No longer receive mail or bills at your former Florida address
- Expressed an intent to be a permanent resident elsewhere
You may move out of Florida during a pending divorce, provided Florida has legal jurisdiction when you filed. The case will proceed in Florida courts, and you may need to return for hearings. If you have children and custody disputes are involved, these may require additional considerations under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Seeking the Legal Guidance of an Experienced Tampa, Florida Divorce Attorney
Navigating Florida’s residency requirements can be challenging, especially for seasonal residents, non-U.S. citizens, and military spouses who may not have continuous, year-round presence in the state. Given Florida’s transient population, courts often must carefully evaluate physical presence, legal ties, and the intent to remain a resident before granting jurisdiction over a divorce case. In these cases, it is crucial to gather strong evidence of residency, file strategically, and get experienced legal assistance to avoid unexpected jurisdictional issues.
If you are seeking a divorce in Florida and are confused by residency requirements, custody, or any other family law issues, the experienced Tampa, Florida family law attorneys at Melone Hatley, P.C. are here to provide guidance and be your dedicated partner throughout the process. Contact us at (813) 400 – 1603 or through our website contact form to schedule a consultation with one of our Client Services Coordinators.
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