Florida Residency Requirements for Divorce

May 25, 2021

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.