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Florida divorce residency requirements: the 6-month rule

What counts as Florida residency for divorce, how to prove it, and how military service is handled.

Guía de divorcio en Florida

Por Aliette Hernandez Carolan, Esq.2 min de lectura
Respuesta rápida

Florida Statute 61.021 requires that at least one spouse have resided in Florida for 6 months immediately before filing for divorce. Residency is proven by a Florida driver's license, Florida ID card, voter registration card, or, when none of those exists, a sworn affidavit from a third-party Florida resident who can attest to the spouse's residency.

  • 6-month rule under Fla. Stat. 61.021
  • Only one spouse must meet residency
  • Florida driver's license is the standard proof
  • Military service has specific exceptions

What the statute requires

Florida Statute 61.021 provides that the court has jurisdiction to grant a divorce when one of the parties has resided 6 months in Florida before filing. The 6 months is calculated backward from the filing date and must be continuous.

Accepted proof of residency

Florida courts accept several forms of residency proof. A government-issued document covering the full 6-month period is the cleanest evidence.

  • Valid Florida driver's license issued at least 6 months before filing
  • Florida ID card issued at least 6 months before filing
  • Florida voter's registration card issued at least 6 months before filing
  • Affidavit of a third-party Florida resident attesting to the spouse's 6-month residency (when government ID is unavailable)

Military service

Members of the U.S. armed forces stationed in Florida may meet the residency requirement based on their Florida assignment. A Florida resident serving outside the state may also retain Florida residency for divorce purposes. Both situations involve fact-specific analysis that is outside the scope of an uncontested document service; service members in these circumstances should confirm jurisdiction with a Florida attorney before filing.

What happens if neither spouse meets the requirement

If neither spouse has lived in Florida for the full 6 months, Florida courts do not have jurisdiction to grant the divorce. The couple would need to wait until residency is established or file in a state where one of them does meet the residency requirement.

Preguntas frecuentes

Does my spouse need to live in Florida?
No. Only one spouse must meet the 6-month Florida residency requirement. The other spouse may live in any other state or country.
Does living in Florida part of the year count?
Florida residency requires intent to make Florida the spouse's permanent home, plus physical presence. Seasonal residency without intent to make Florida the primary home generally does not satisfy the statute.
What if I just moved to Florida?
You must wait until you have 6 months of continuous Florida residency before filing. There is no waiver of the residency requirement for new arrivals.
Can a college student establish Florida residency?
Possibly. Residency turns on physical presence plus intent to make Florida the permanent home. Out-of-state students retaining a permanent home in another state typically do not meet the test.

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Solo para residentes de Florida. Información, no asesoría legal.

The Quick Divorce es un servicio de preparación de documentos de autoayuda para residentes de Florida, fundado y diseñado por Aliette Hernandez Carolan, Esq., abogada de derecho de familia con licencia en Florida. No es un bufete de abogados y no brinda asesoría legal. Esto es información general únicamente.