Family · Divorce Residency
Divorce Residency Requirement in Florida
How long you or your spouse must live in Florida before filing for divorce, whether a county period also applies, whether one spouse is enough, and how it differs from the wait to finalize. Cited to the statute.
The residency requirement in Florida
What the state, and any county, period is, whether one spouse suffices, and the exceptions that apply.
| The requirement | What it means |
|---|---|
| State: six months | To obtain a dissolution of marriage, one of the parties must reside six months in Florida before the petition is filed, under §61.021. |
| One spouse is enough | Only one spouse needs the six months. If your spouse is the Florida resident, you can file here even if you are not. |
| No county requirement | Florida sets no separate durational county residency period. Venue is set by other rules, such as where the parties last lived together or where the respondent resides. |
| Proof of residency | Florida commonly requires corroboration of the six months, such as a Florida driver license, voter registration, or a third-party affidavit of a corroborating witness. |
| Exceptions and notes | What it means |
|---|---|
| No marriage-in-state shortcut | Unlike New York, being married in Florida does not shorten or replace the six-month rule. The durational residency stands. |
| Military stationed in-state | A servicemember stationed in Florida, or a Florida resident serving elsewhere, can generally establish or keep Florida residency. Confirm the current authority for your situation. |
| Not the final-decree wait | The six-month residency is separate from Florida’s procedural timelines, including the 20-day wait before a final judgment can be entered. |
What you can do right now
Concrete, neutral steps to confirm you can file for divorce in Florida. This is legal information, not legal advice.
- Confirm six months before filing
You or your spouse must have lived in Florida for six months before the petition is filed. Count carefully from your move-in date.
- Line up proof of residency
Gather a Florida driver license, voter registration, or a corroborating witness who can affirm your six months. Florida often requires this corroboration.
- Only one spouse needs to qualify
If your spouse is the Florida resident, you can still file here even if you live elsewhere.
- Talk to a Florida family attorney
Residency and venue turn on your facts, especially after a recent move. A licensed Florida attorney can confirm your filing. The Florida Bar can refer you to one.
Residency and venue turn on domicile and dates, especially after a recent move. This resource can connect you with a court self-help center or a licensed family attorney.
→ The Florida Bar — Lawyer Referral ServiceThis is general legal information, not legal advice. Domicile, county venue, military service, and the separate wait to finalize can change the answer, so confirm your situation with a court resource or a licensed attorney.
What people get wrong about Florida divorce residency
Florida keeps its divorce residency rule to a single sentence: one of the parties must reside six months in the state before the petition is filed, under §61.021. There is no county durational requirement, so unlike California or Texas you do not have to track a separate county clock; venue is decided by other rules, such as where the couple last lived together. Only one spouse needs the six months, which means you can file in Florida if your spouse is the resident even if you are not. The practical wrinkle is proof: Florida commonly requires corroboration of the six months, so a Florida driver license, voter registration, or a sworn statement from a corroborating witness is usually expected. Being married in Florida does not shorten the rule, and the six-month residency should not be confused with Florida’s separate procedural timelines, like the 20-day wait before a final judgment. Meet the six months, document it, and the residency requirement is straightforward.
Common questions
What is the residency requirement to file for divorce in Florida?
One of the parties must reside six months in Florida before filing the petition, under §61.021. There is no separate county residency period.
Do both spouses need to live in Florida for six months?
No. Only one spouse needs the six months. If your spouse is the Florida resident, you can file here even if you are not.
How do I prove six months of Florida residency for a divorce?
Florida commonly requires corroboration, such as a Florida driver license, voter registration, or a sworn affidavit from a corroborating witness who can confirm your six months in the state.
Does Florida have a county residency requirement for divorce?
No. Florida sets only a statewide six-month requirement. Which county you file in is a venue question decided by other rules, not a durational county clock.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.