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Florida Residency Requirements for Divorce

If you’ve recently moved to South Florida and are considering divorce, it’s important to be aware of Florida’s residency requirements prior to filing for divorce. While you may be eager to begin the divorce process and move on to the next chapter in your life, Florida Statute § 61.021 requires that one or both spouses must be residents of Florida for at least six months prior to filing for divorce. That’s because if you want to get divorced in Florida, the courts here must have jurisdiction (or authority) over your case.

In order for Florida courts to have jurisdiction over your divorce and be able to make a legal judgment on your case, at least one spouse must prove residency before a judge will hear your case.

Residency Requirements & Divorcing with Kids

To add more to the mix, choosing where to dissolve your marriage can get even trickier when children are involved. State laws regarding child support and alimony determinations vary, which means there are also financial implications associated with where you get divorced.

While divorces typically occur where the marriage was last intact, if the parent with kids moves to Florida and is a resident here for at least six months, only Florida can make legal determinations about the kids. However, the court may not have jurisdiction over your partner and other aspects of the divorce.

Understanding jurisdiction and how it impacts your divorce case is certainly complicated, but it’s essential to understand state laws surrounding divorce in order to safeguard your (and your kids’) rights. At the Vasquez de Lara Law Group, we will work with you to determine the best approach for your specific situation and help ensure that you receive the best outcome in your divorce. To schedule a confidential case evaluation, get in touch with us.

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

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