If you want to file for divorce in Florida, either you or your spouse must have lived in the state for at least six months before filing. The court needs proof that you lived in Florida during that time. The six-month “clock” starts when you physically move to Florida with the intent to live here, not just visit. If neither you nor your spouse meets this rule, the court will not accept your case because it will not have jurisdiction over your divorce. Even if you and your spouse agree on all divorce-related matters, you still need to meet the six-month residency requirement before you can legally end your marriage in Florida.
What Counts as Proof of Residency in Florida?
Florida courts accept a few specific types of proof to show that you meet the six-month residency requirement. A valid Florida driver’s license, state ID card, or voter registration card can all work. These documents should show dates that line up with the start of your residency. If you don’t have any of those documents, a third party can sign an affidavit or testify in court to confirm that you have lived in Florida for at least six months. You can use mail, leases, or other records to support your case. The court will want clear and reliable documentation if you do not have a valid form of Florida ID or a Florida voter registration card.
Divorcing in Florida as a Snowbird or Part-Time Resident
If you split your time between Florida and another state, you could still qualify to file for divorce in Florida. The key is to show that you treat Florida as your main home. Staying in Florida for the winter isn’t always enough. The court will look at what you consider your primary residence. Things like where you vote, bank, or get your mail can show your intent. If one spouse doesn’t live in Florida, the other spouse can still file here if they meet the six-month minimum.
Getting a Divorce as a New Florida Resident
If you just moved to Florida, you will need to wait at least six months before you can file for divorce here. You must live in Florida full-time during those six months—not just visit or stay part-time. You also need to show proof that you live here. A Florida driver’s license, voter ID card, or third-party affidavit can provide the proof you need. If one spouse still lives in another state, the other spouse can still file in Florida once they meet the residency requirement.
Legal Help with Proving Residency in a Florida Divorce
A Florida divorce lawyer can help you gather the right proof to show that you meet the six-month residency rule. If you have limited documents, your attorney might suggest getting a signed affidavit from someone who can confirm your time in Florida. This person must be a third party, not you or your spouse. A Florida divorce lawyer can also review your records, identify problems, and explain what the court will likely accept as proof of residency. If your spouse challenges your residency in court, an attorney can present your case clearly and help you move forward. Proving residency is relatively straightforward, but mistakes can delay your divorce. Working with an attorney and getting it right at the start can save time and stress later.
Contact a Florida Divorce Attorney
If you recently moved to Florida or live here part-time and have questions about divorce or proving residency, contact Downyok & Downyok, P.A., for your initial consultation. We can review your situation, explain your options, and help you take your next steps.
