Can I file for divorce in Florida if my spouse doesn't live here?

Yes, only one spouse needs to meet the six-month Florida residency requirement. Your spouse can live anywhere, but you must have been a Florida resident for at least six months immediately before filing for divorce.

Does owning property in Florida count toward residency requirements?

Simply owning property doesn't establish residency. You must actually live in Florida with the intent to make it your permanent home. Property ownership can serve as supporting evidence, but you need additional proof like a Florida driver's license, voter registration, or utility bills.

What if I moved to Florida but kept my out-of-state driver's license?

Keeping an out-of-state driver's license can complicate proving Florida residency. While not automatically disqualifying, courts prefer to see evidence of genuine commitment to Florida residency, including updating your driver's license within 30 days of moving as required by Florida law.

Can vacation time in Florida count toward the six-month requirement?

No, vacation time doesn't count toward residency requirements. You must establish genuine residency with intent to remain permanently in Florida. The six-month period begins when you move to Florida with the intention of making it your home, not from casual visits or vacations.

Florida Divorce Residency Requirements in 2026: Complete Legal Guide

# Florida Divorce Residency Requirements in 2026: Complete Legal Guide

Before you can file for divorce in Florida, you must meet specific florida divorce residency requirements. Under Florida Statute 61.021, at least one spouse must be a Florida resident for at least six months immediately before filing the divorce petition. This seemingly simple requirement often creates confusion for couples navigating their divorce.

In my experience handling divorce cases across Florida counties, I've seen countless clients struggle with understanding and proving these residency requirements. Whether you've recently moved to Florida or are questioning whether you qualify, this comprehensive guide will walk you through everything you need to know about florida divorce residency requirements in 2026.

Understanding Florida's Basic Residency Requirement

Florida requires at least one spouse to have lived in the state for a minimum of six consecutive months immediately before filing for divorce. This requirement is codified in Florida Statute § 61.021, which states that the court shall not enter a judgment dissolving a marriage unless one of the parties to the marriage is and has been a resident of the state for at least 6 months before filing the action.

The key elements of this requirement include:

Duration: Exactly six months of continuous residency
Timing: Must be immediately before filing (no gaps allowed)
Scope: Only one spouse needs to meet this requirement
Proof: You must provide evidence of your residency

What Constitutes "Residency" in Florida?

Florida law doesn't simply require physical presence – you must establish genuine residency with intent to remain. The courts look for evidence that Florida has become your actual home, not just a temporary location.

In *Sosna v. Iowa*, the U.S. Supreme Court recognized that states have legitimate interests in requiring residency before granting divorces, including ensuring the petitioner has a real connection to the state and its divorce laws.

How Long Do You Have to Live in Florida Before Filing for Divorce?

The answer is straightforward: you must live in Florida for at least six months before you can file for divorce. This florida 6 month residency divorce requirement cannot be waived or shortened, even in emergency situations.

Here's what this timeline looks like in practice:

Day 1: You establish residency in Florida with intent to remain

Day 180: You become eligible to file for divorce

Day 181 and beyond: You can file your divorce petition

Important Timing Considerations

The six-month clock starts when you establish genuine residency, not just when you first set foot in Florida. For example, if you spent two weeks in Florida on vacation before moving here permanently, those vacation days don't count toward your residency requirement.

In my practice, I've seen clients make the mistake of filing too early, only to have their cases dismissed. The courts take this requirement seriously, and premature filing can delay your divorce by months.

How to Prove Residency for Florida Divorce

Proving residency florida divorce cases requires documentary evidence showing you've made Florida your genuine home. The burden of proof lies with the person claiming residency, and Florida courts examine multiple factors to determine if you've truly established residency.

Required Documentation

When filing for divorce, you'll need to provide an affidavit of residency along with supporting documentation. Here's what courts typically accept as proof:

Primary Documents (choose at least one):

Florida driver's license issued at least six months before filing
Florida voter registration dated six months prior
Florida vehicle registration from six months ago
Homestead exemption application filed six months earlier

Supporting Documents:

Utility bills showing six months of service
Bank statements with Florida address
Employment records or pay stubs
Lease agreements or mortgage documents
Medical records from Florida healthcare providers
School enrollment records for children
Tax returns listing Florida address

The Affidavit of Residency

Florida requires a sworn affidavit stating your residency status. This document must include:

Your name and current Florida address
The date you established Florida residency
A statement that you intend to remain a Florida resident
Your signature under oath

False statements in this affidavit constitute perjury, so accuracy is crucial.

Special Circumstances and Exceptions

Military Personnel and Residency Requirements

Active-duty military members face unique challenges with florida divorce residency requirements. Florida Statute § 61.021 provides some relief for military families:

For Military Members:

Time stationed in Florida counts toward residency, even if you're not a legal resident
Deployment doesn't interrupt your residency clock if you maintain Florida as your home base
Military ID and base housing can serve as proof of residency

For Military Spouses:

Spouses can establish residency through their military member's assignment
Moving frequently due to military orders doesn't reset the residency requirement if you maintain Florida connections

Temporary Absences

Not every trip outside Florida resets your residency clock. Courts recognize that residents may travel for business, family emergencies, or other legitimate reasons. However, extended absences with no intent to return can break your residency.

Factors courts consider for temporary absences:

Length of absence
Reason for leaving Florida
Maintenance of Florida ties (home, job, etc.)
Intent to return

Students and Residency

College students face particular challenges with residency requirements. Attending school in Florida doesn't automatically establish residency for divorce purposes. Courts look for evidence of intent to make Florida your permanent home beyond just educational purposes.

What Happens If You Don't Meet Residency Requirements?

If you don't meet florida divorce residency requirements, Florida courts lack jurisdiction to grant your divorce. This means:

Case Dismissal: Your divorce petition will be dismissed without prejudice

Time and Money Lost: Filing fees and attorney costs are typically non-refundable

Delay: You'll need to wait until you meet the requirements or file elsewhere

Complications: If children are involved, custody issues may become more complex

Alternative Options

If you don't meet Florida's requirements, consider:

Filing in your previous state of residence (if you still meet their requirements)
Waiting until you satisfy Florida's six-month requirement
Exploring legal separation as a temporary measure (though Florida doesn't recognize legal separation)

County-Specific Filing Requirements

While residency requirements are statewide, individual counties may have additional local rules for filing divorce cases:

Miami-Dade County

Requires additional documentation for proof of residency and has specific formatting requirements for affidavits.

Orange County

Provides streamlined procedures for uncontested divorces once residency is established.

Hillsborough County

Offers self-help resources for pro se filers navigating residency requirements.

Broward County

Has specific requirements for military personnel stationed at local bases.

In my experience practicing across these counties, it's essential to check local rules before filing, as procedures can vary significantly.

Common Mistakes to Avoid

Through years of handling Florida divorce cases, I've identified the most common residency-related mistakes:

1. Filing Too Early

The Problem: Counting days incorrectly or filing exactly six months to the day

The Solution: Wait at least 181 days from establishing residency

2. Insufficient Documentation

The Problem: Providing only one piece of evidence or outdated documents

The Solution: Gather comprehensive proof showing continuous six-month residency

3. Ignoring Intent Requirements

The Problem: Treating Florida as temporary while waiting to meet residency requirements

The Solution: Establish genuine ties showing intent to remain permanently

4. Military Complications

The Problem: Misunderstanding how military service affects residency

The Solution: Consult with attorneys experienced in military divorces

Strategic Considerations for Meeting Residency Requirements

Planning Your Move to Florida

If you're planning to move to Florida specifically to file for divorce, consider these strategic steps:

Establish Multiple Ties Immediately:

- Get a Florida driver's license within 30 days

- Register to vote

- Open local bank accounts

- Enroll children in Florida schools

Document Everything:

- Keep receipts and records of all transactions

- Take photos of your new home setup

- Maintain a timeline of residency-establishing activities

Avoid Red Flags:

- Don't maintain significant ties to your previous state

- Avoid extended trips back to your former home

- Don't delay updating important documents

Working with Your Attorney

Navigating florida divorce residency requirements is complex, especially in contested cases. Consider scheduling a strategy session to discuss your specific situation. An experienced Florida divorce attorney can:

Review your residency documentation before filing
Identify potential challenges to your residency claim
Develop strategies for establishing stronger ties to Florida
Handle objections from opposing parties

2026 Updates and Recent Changes

As of 2026, Florida's basic residency requirements remain unchanged, but several developments affect how these requirements are applied:

Technology and Proof

Electronic records are increasingly accepted as residency proof
Digital bank statements and online utility bills carry equal weight
Social media activity may be scrutinized in contested cases

Remote Work Considerations

Courts recognize that remote work doesn't negate residency intent
Maintaining Florida as your primary residence while working remotely is acceptable
Employment location is less significant than home establishment

Post-COVID Mobility

Increased interstate mobility has led to more scrutiny of residency claims
Courts are more careful about distinguishing temporary pandemic-related moves from permanent relocations

Practical Tips for Success

Before You Move

Research Florida divorce laws to ensure they're favorable for your situation
Plan your timeline carefully to avoid rushing the residency requirement
Consider the impact on children's school schedules and custody arrangements

After Establishing Residency

Keep meticulous records of your Florida residence and activities
Maintain consistent documentation throughout the six-month period
Avoid actions that could suggest temporary residency

When Filing for Divorce

Organize all residency documentation before meeting with your attorney
Be prepared to explain any gaps in your Florida presence
Consider potential challenges your spouse might raise about your residency

Conclusion

Understanding and meeting florida divorce residency requirements is the essential first step in your Florida divorce journey. The six-month requirement may seem straightforward, but proper documentation and genuine establishment of residency are crucial for success.

Whether you're already a Florida resident or considering moving here to file for divorce, careful planning and thorough documentation will save you time, money, and stress. Remember that courts take these requirements seriously, and attempting shortcuts often backfires.

If you're unsure about your residency status or need help navigating the complexities of Florida divorce law, don't hesitate to seek professional guidance. Every case presents unique challenges, and having experienced legal counsel can make the difference between a smooth process and unnecessary complications.

For personalized advice about your specific situation, consider scheduling a consultation with our experienced Florida divorce attorneys. We can review your circumstances, evaluate your residency status, and help you develop a strategy for moving forward with your divorce.

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Legal Disclaimer: This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.

*Antonio G. Jimenez, Esq. is a Florida-licensed attorney (Bar #21022) specializing in family law and divorce proceedings.*