Divorce Residency Requirements in Florida: Who Can File and Where
Florida requires one spouse to reside in the state for six months before the petition is filed. A driver license, voter card or identification card proves it, and custody has its own jurisdiction test.
What residence does a Florida divorce require?
To obtain a dissolution of marriage, one of the parties must reside 6 months in the state before the filing of the petition (Fla. Stat. 61.021). Only one spouse has to meet it, and the six months must be complete before filing, not just by the judgment. The Florida divorce timeline calculator adds six months to the date you enter and compares it with your planned filing date.
How do you prove Florida residence?
The evidence at the hearing need not be corroborated except to establish the residence requirement, which may be corroborated by a valid Florida driver license, a Florida voter registration card, a valid Florida identification card, or the testimony or affidavit of a third party (61.052(2)). Keep copies showing the date you obtained them.
What if I file too early in Florida?
A petition filed before six months of residence is premature. The safer course is to wait for the date the calculator shows, since the residence rule is a requirement for the petition, not only for the judgment.
Does Florida require the spouses to be separated first?
No. The grounds are that the marriage is irretrievably broken or, rarely, a mental incapacity adjudicated for at least 3 years (61.052(1)). See the grounds for divorce in Florida.
Where do you file for divorce in Florida?
The residence section does not name a county. Ask the clerk of the circuit court where you live; the relocation statute describes the circuit court as the court in the county where either parent and the child reside or the court where the original action was adjudicated (61.13001(1)(b)).
Does residence decide custody jurisdiction too in Florida?
No. The court determines all matters relating to parenting and time-sharing in accordance with the child’s best interests and the Uniform Child Custody Jurisdiction and Enforcement Act (61.13(2)(c)). A parent who moves to Florida with a child can be divorced here before Florida is the child’s home state; see the Florida parenting time calculator.
Does the six months have to be in one county in Florida?
The statute counts residence in the state, not in a county: one of the parties must reside 6 months in the state before the petition is filed (61.021). Ask the circuit court clerk which county is proper for your filing.
What if the other spouse lives elsewhere in Florida?
Only one spouse has to meet the six-month residence rule, so the other spouse can live in another state. Parenting and time-sharing matters still follow the uniform child custody jurisdiction law (61.13(2)(c)), and the court needs jurisdiction over the other spouse to order support or divide property, so ask a licensed Florida attorney about service.
How do the six months and the 20 days fit together in Florida?
They are separate clocks. For example, a spouse who moved to Florida on March 1 completes six months on September 1 and can file that day, and the 20 days after filing end on September 21.
Frequently asked questions
How long must I live in Florida to file for divorce?
One spouse must have lived in Florida for six months before the petition is filed.
Do both spouses have to live in Florida to divorce there?
No. Only one spouse has to meet the six-month rule.
How do I prove Florida residence for a divorce?
With a Florida driver license, voter registration card or identification card, or a third party’s testimony or affidavit.
Can I file for divorce in Florida right after moving?
No. Six months of residence must be complete before the petition is filed.
Does Florida residency decide custody jurisdiction?
No. Custody follows the uniform custody-jurisdiction law and the child’s home state.
Official sources
- Fla. Stat. 61.021: residence requirements
- Fla. Stat. 61.052: dissolution of marriage
- Fla. Stat. 61.19: entry of judgment, delay period
- Fla. Stat. 61.13: support of children; parenting and time-sharing
- Fla. Stat. 61.075: equitable distribution of marital assets and liabilities
- Fla. Stat. 61.13001: parental relocation with a child
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Florida statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Florida attorney.