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.