At least one spouse must have lived in Florida for 6 months before filing. Proven by a Florida driver’s license dated 6+ months before filing, voter registration, or corroborating witness.
Quick Answer
Florida requires 6 months of residency for at least one spouse before filing under Fla. Stat. § 61.021. Proof: Florida driver’s license dated 6+ months before filing, voter registration, or corroborating-witness affidavit. Service members stationed in Florida can use Florida residence; spouses can also rely on the service member’s state of legal residence. Recent transplants must wait the full 6 months. Free consultation: 877-862-7188.
Either spouse, 6 months. Florida only requires one spouse to have been a Florida resident for 6 months immediately before filing. Both spouses do not have to be Florida residents. The non-resident spouse can be served wherever they live (subject to long-arm jurisdiction for support and custody issues).
Proof methods. The simplest proof is a Florida driver’s license or ID card dated more than 6 months before the filing date. Voter registration works similarly. If neither is available, a corroborating witness who has known you and observed your Florida residence for the period can testify. The witness affidavit is filed with the petition.
Military. Service members stationed in Florida and present in the state for 6 months can use Florida residence. Alternatively, the service member can use their state of legal residence (HOR) for divorce in that state. Spouses of service members generally meet residency through their own physical presence in Florida regardless of the service member’s status.
Recent transplants. If you moved to Florida less than 6 months ago, you must wait or consider filing in your prior state. UCCJEA jurisdiction for child-related issues remains with the child’s “home state” (where they have lived the prior 6 months) regardless of where the divorce is filed.