What Are the Residency Requirements to File for Divorce in Florida?

What are the residency requirements to file for divorce in Florida?

6 months. At least one spouse must have lived in Florida for 6 months right before the divorce petition is filed. The petition is the paper that starts your case. Only one of you needs to meet this rule. You do not need to have married in Florida, and the 6 months must be finished before you file, not before the divorce ends.

This is a simple rule, and most people can meet it with papers they already have. Here is the source, word for word, from § 61.021, Florida Statutes (2026 text, checked October 2026):

"To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition."

A dissolution of marriage is Florida's legal name for a divorce.

How do you prove you have lived in Florida for 6 months?

You prove it with a Florida ID document or a witness. Under § 61.052(2), Florida Statutes, the judge needs proof of residency even when the rest of your case needs none. These count:

• Florida driver license: must be valid.
• Florida identification card: a valid state ID card issued under § 322.051, Florida Statutes.
• Florida voter registration card: issued to you or your spouse.
• Witness testimony: someone other than you or your spouse who knows you lived in Florida tells the judge.
• Witness affidavit: the same person signs a sworn statement, using Florida Supreme Court Approved Family Law Form 12.902(i), Affidavit of Corroborating Witness.

Form 12.902(i) must be signed in front of a notary public or a deputy clerk. Many county clerks, such as the Collier County Clerk of the Circuit Court, post it with their divorce forms.

Warning: The issue date on your license, ID or voter card must be at least 6 months before the day you file. If you just moved, renewed or replaced your card, use a witness affidavit instead, or your hearing may be delayed.

Who counts as a Florida resident for divorce?

You count if you actually live in Florida and plan to stay. A vacation home or short visits usually are not enough on their own.

Military families get extra help. Under § 47.081, Florida Statutes, a service member in any branch of the U.S. Armed Forces, and that person's husband or wife, is presumed to be a Florida resident for any lawsuit if living within the state. Presumed means the court treats it as true unless someone proves otherwise.

If only you live in Florida and your spouse lives elsewhere, you can still file here. But a Florida court may not be able to decide every issue, such as alimony or out-of-state property, against a spouse with no ties to Florida. A lawyer can tell you whether that affects your case.

When should you talk to a lawyer about filing?

Talk to a lawyer if your residency is borderline, your spouse lives in another state, or you have children, a house or retirement accounts. These cases have more rules than residency alone.

If you have no children and agree on everything, you may be able to file a simpler case on your own. You can read more about your options in our Divorce and Separation guides.